The Supreme Court in Pakistan has issued a landmark decision confirming that a breach retains full ownership of her dowry and wedding gifts, even after divorce, Express News reported.
The verdict, author of Justice Mansoor Ali Shah and spans seven pages, clearly says that all items given to the bride as dowry or gifts are her unconditional and exclusive property. The court gave up that neither the man nor his relatives can require ownership of dowry or bridal gifts.
In addition, any gift presented to the groom or his family will not be considered part of dowry. The judiciary, added the judgment, is only authorized to order the restoration of property that belongs exclusively to the bride.
In its decision, the Court emphasized that regardless of whether objects were delivered by the bride’s family, the groom or the groom’s family, they remain the legal property of the bride. However, the decision does not function as an endorsement of the cultural practice of dowry.
The judgment further clarified that only haQ Mehr (Mandatory marital payment) is mandatory, while dowry is a societal custom that often leads to the exploitation, pressure and discrimination of women.
The Supreme Court also noted that the verdict has been made more accessible to the public by including a QR code to facilitate the reference.
The case was brought before the Supreme Court of Service Muhammad Sajid, who had sought a reduction in his financial obligations, including the return of dowry after his divorce.
The court rejected its appeal and maintained the decision from the Lahore High Court and confirmed the bride’s right to her dowry and maintenance.