Gifts to wife at marriage or before separation are non-returnable, SHC rules

The Sindh High Court has upheld a crucial ruling concerning marital gifts, declaring that gifts presented to a wife at the time of marriage or before separation are irrevocable.

The case was brought before the SHC by Arshad Jameel, who sought the return of gifts given to his wife. However, the court's detailed verdict on a family court appeal reinforced the trial court's decision, denying his request.

The ruling underscored that any gifts bestowed upon the wife during the marriage are considered her personal property and cannot be taken back upon separation. This legal stance was clearly articulated in the court's judgment: "The gifts given to the wife at the time of marriage or before separation become her personal property and cannot be reclaimed."

This decision fortifies the legal protection of marital gifts as the sole possession of the wife, ensuring their retention irrespective of the marital status. The ruling is expected to set a significant precedent in similar cases, providing unambiguous legal backing to the ownership rights of marital gifts.

By affirming that marital gifts remain with the wife, the court has not only upheld the principles of fairness and justice but also provided a clear legal framework for future disputes of this nature. This landmark ruling serves as a vital reference point, emphasizing the inviolable nature of gifts given within the sanctity of marriage. As a result, wives can now rest assured that their marital gifts are legally safeguarded, reinforcing their personal property rights and offering a sense of security in marital and post-marital scenarios.

This precedent-setting verdict by the Sindh High Court is a significant step towards ensuring that the personal property rights of wives are respected and protected, providing a clear directive for family courts and setting a robust legal standard for the treatment of marital gifts in Pakistan.