SC says unauthorized keeping of such items by husband, family is illegal and recoverable
ISLAMABAD:
The Supreme Court has held that any property given to a woman at the time of marriage by her parents, relatives, husband or in-laws for her personal use and benefit belongs to her absolutely and neither the husband nor his family can claim ownership over such assets.
A three-member bench headed by Chief Justice of Pakistan Yahya Afridi gave the order while hearing a case on recovery of dowry articles. The four-page judgment was authored by Justice Shakeel Ahmad.
The court noted that ownership of such property is not determined by its description, but by the intent behind the transfer and the bride’s exclusive right to it.
“Ownership is not determined by the nomenclature, but by the intent behind the transfer and the bride’s exclusive right to it.
“Consequently, any unauthorized retention, deprivation or misappropriation of such property by the husband or his family amounts to unlawful retention of the wife’s property rights and entitles her to seek recovery through legal proceedings before the competent family court,” it said.
It noted that the respondent-wife had specifically claimed that her parents gave her gold ornaments weighing 87 tolas at the time of marriage for her sole use and benefit.
Referring to the prevailing social realities, the judgment observed that jewelery and ornaments given to a bride are not mere ceremonial accessories but often serve as a source of economic security and economic autonomy for a woman entering into marriage.
“Such property, whether described as jahez, dowry, dowry or personal effects, remains the exclusive property of the bride over which neither the husband nor the in-laws can claim dominion,” the court ruled.
The judgment held that the legislative framework under Section 5 of the Family Courts Act, 1964, read with the schedule annexed to the Act, reflects a conscious and progressive recognition of women’s economic and property rights within the domestic sphere.
According to the court, the statute confers exclusive jurisdiction on family courts in matters relating to the dissolution of marriage, including khula, dowry, alimony, custody and custody of children, dowry and, substantially, a wife’s personal property and possessions.
“The inclusion of ‘dowry’ and ‘a wife’s personal property and effects’ as separate items in the Schedule demonstrates the legislative intent to ensure effective and speedy remedies for women who are deprived of property brought into marriage or given to them during their maintenance,” the judgment said.
