The Supreme Court has decided that all property given to a breach such as dowry, bridal gifts or gifts must “earn absolutely” in her, providing exclusive and unqualified ownership rights regardless of future divorce or separation.

The seven-page judgment, author of justice, Syed Mansoor Ali Shah, while hearing a family, said the use of the phrase “must earn absolutely” provides exclusive and unqualified property rights to the bride, thereby preventing any negative claim from the man or his relatives.

“The subsequent part” and her interest in property, but derived, should not be restrictive, conditional or limited “in the following” acts as a protection to protect the bride’s proprietary autonomy from usual or family hookings, “the verdict reads.

It noted that this absolute vest of rights in the bride remains unaffected by any subsequent separation or divorce, which strengthens her sustained and independent right to such property.

The division bench, led by Justice Shah, referred to the law on dowry and fractures (restriction), 1976, and noted that the legislature separates a clear distinction between three categories of property exchanged in connection with a marriage: “DOWRY”, “breaches” and “present”.

It pointed out that dowry originated from the bride’s parents and is given to the bride, while bridal gifts are awarded by the groom or his parents on the bride.

The verdict explained that the presentation constitutes a remaining category of gifts handed down to one of the parties to the marriage or their relatives in connection with the wedding.

The judgment described that the legislative intention behind section 5 of the Act is to secure the bride’s independent property status and protect her from removal, especially in the event of a marital collapse.

“A targeted interpretation of this provision necessarily limits the extent of reclaimable property to what is detectable for the bride.”

Accordingly, objects that are gifted to the groom or his relatives fall, unless it is clear that they are intended for the bride’s use or kept in confidence in her advantage, outside the protective ambition of the law.

The bench noted that a bride’s right to her possessions and property under section 5 is strengthened by constitutional guarantees laid down in Articles 23 and 24 of the Constitution, which recognizes her right to keep and dispose of her property regardless of her marital status.

It added that Article 25 guarantees equality before the law and equal protection under the person obliging the state to eliminate all forms of discrimination of women.

In addition, Article 35 of the Constitution commits the state to protect marriage, family, mother and the child. Therefore, by interpreting section 5, courts must interpret the statutory language in harmony with these constitutional principles.

“To ensure that women’s financial autonomy is maintained and is not subject to any patriarchal or usual practice.”

It was clarified that presented to the groom or his family cannot be required by the bride under the law unless it was clearly demonstrated that they were intended solely for her use or advantage.

The court also dealt with the social consequences of dowry, especially when imposed by societal expectations.