Marriage jewellery, gifts belong exclusively to the bride, SC clarifies

The Supreme Court has ruled 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 remains her exclusive property.

The Court held that ownership is determined not by whose name an item is registered in, but by the intention behind its transfer and the bride’s exclusive right to possess and use it.

Consequently, if a husband or his family retains, withholds or misuses such property, it amounts to the unlawful deprivation of the wife’s proprietary rights. In such cases, she is entitled to seek recovery of the property through legal proceedings before the competent Family Court.

The observations were made in a four-page judgment authored by Justice Shakeel Ahmed during the hearing of a case concerning the recovery of dowry articles.

A three-member bench of the Supreme Court, headed by Chief Justice Yahya Afridi, heard the matter.

The Court noted that the respondent (the wife) had specifically asserted that her parents had gifted her gold jewellery weighing 87 tolas at the time of her marriage for her exclusive use and benefit.

In its order, the Court observed that, within the social realities of Pakistani society, jewellery and ornamental items presented to a bride are not merely ceremonial accessories.

Rather, they often serve as a form of financial security and economic independence intended for the woman entering into marriage.

The judgment further stated that such property, regardless of whether it is described as dowry, bridal gifts or personal belongings, remains the lawful property of the woman for whom it was intended and cannot be appropriated or retained by others without legal justification.