Hands off bride’s jewellery, wedding gifts, Supreme Court says

The Supreme Court of Pakistan has definitively ruled that gold ornaments gifted to a bride by her parents or relatives are her exclusive property. The court declared that neither the husband nor his family has any legal claim to these items, and their retention constitutes unlawful deprivation of the bride's proprietary rights.

Justice Shakeel Ahmad, in a judgment concerning the recovery of dowry articles, cautioned that such withholding is remediable through proceedings before a family court. The ruling came on an appeal filed by a husband challenging a Lahore High Court decision that upheld a family court's decree for the return of gold ornaments to his wife. The wife had asserted that her parents gifted her 87 tolas of gold for her sole benefit.

Highlighting societal realities, Justice Ahmad noted that bridal jewelry often serves as a woman's financial security and economic autonomy. Whether termed dowry, bridal gifts, or personal belongings, these items remain the bride's exclusive property, free from any claim by the husband or in-laws. The court emphasized that property given to a woman for her personal use at the time of marriage vests absolutely in her.

The judgment further stated that any unauthorized retention or misappropriation of such property by the husband or his family entitles the wife to seek recovery through competent family courts. This aligns with the legislative intent of the Family Courts Act of 1964, which grants family courts exclusive jurisdiction over matters including the personal property of a wife, encompassing jewelry and bridal gifts. The court stressed that upholding these proprietary entitlements is crucial for women's dignity, equality, and property protection.

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Any unauthorised retention, deprivation or misappropriation of such property by the husband or his family amounts to unlawful withholding of the wife’s proprietary rights and entitles her to seek recovery through lawful proceedings before the competent family court.