Dowry must be voluntary and is sole property of the bride: SC

The Supreme Court of Pakistan issued a significant ruling affirming the financial rights of women, declaring that any gift or dowry given to a woman at the time of marriage is her exclusive property and cannot be reclaimed by others.

The court strongly criticised the prevailing dowry culture in society, emphasising that marriage should be based on mutual respect and simplicity.

It stated that only the groom’s obligation to offer haq mehr should be considered a financial commitment in marriage for the woman's security.

Justice Syed Mansoor Ali Shah issued a detailed seven-page verdict on Tuesday, stating,

“Dowry, unless given voluntarily and free from coercion or social pressure, perpetuates inequality and exploitation, running contrary to the ideals of an equitable marriage enshrined in both constitutional and Islamic frameworks.”

Over 10 million Pakistani girls are 'unmarried' due to dowry: report

The case was brought forward by Muhammad Sajid, who challenged an October 17, 2022, order by the Lahore High Court (LHC) that directed him to pay a specified amount in dowry and maintenance to his ex-wife.

Justice Mansoor Ali Shah further underscored that gifts or dowry given to the bride during the marriage ceremony are exclusively hers and not subject to being taken away.

“No misplaced expectations or entitlements should arise in this regard,” he stated.

The judgment highlighted the burden dowry places on a woman’s family, forcing them to bear excessive financial strain due to social pressures.

The court clarified that the only financial obligation placed on a man in an Islamic marriage is the haq mehr, and dowry is neither required nor encouraged.

Read: Did CM Maryam violate dowry laws by including 'bridal gifts' in Dhee Rani program?

The case involved Muhammad Sajid (petitioner) and Shamsa Asghar (respondent), who were married on February 5, 2018. The couple eventually separated due to irreconcilable differences.

Asghar then filed a petition for her due dowry and maintenance, which was partially accepted by a trial court on March 10, 2022.

Dissatisfied with the decision, both parties filed appeals before an additional district judge in Sialkot.

Asghar requested an increase in her maintenance allowance, while Sajid sought a reduction.

The judge ruled in favour of increasing the maintenance amount, prompting Sajid to file a civil revision petition in the LHC, which was dismissed on October 17, 2022.

Sajid then approached the Supreme Court, questioning whether gifts given to the groom or his family at the time of marriage could be claimed by the bride as part of her dowry.

The Supreme Court clarified that any such gifts made to the groom or his family are not part of the bride’s dowry and therefore cannot be claimed by her.