Islamabad High Court (IHC) has observed that a husband cannot take back a gift once it has been given to his wife, noting that there is no recognised practice or legal basis for reclaiming such gifts within a marital relationship.

 

The observations were made by Justice Mohsin Akhtar Kayani during the hearing of an appeal filed by a citizen, Muhammad Shaban, against a decision of a family court.

 

While hearing the matter, the court examined the question of whether a husband could lawfully demand the return of a gift he had given to his wife during marriage. Justice Kayani stated that there is no accepted practice of asking for a gift back after it has been given, particularly between spouses.

 

During the proceedings, the judge remarked that demanding the return of a gift after voluntarily giving it was comparable to “spitting and then licking it back,” adding that such conduct is neither supported by social norms nor aligned with religious principles.

 

The court further noted that Islamic teachings also do not permit a person to take back something that has already been gifted. 

 

The appeal before the court was filed against a ruling issued by a family court which was challenged by the petitioner.

 

After hearing the arguments presented in court, the Islamabad High Court reserved its decision on the appeal filed by Muhammad Shaban against the family court’s ruling.