Supreme Court rules dowry & gifts cannot be reclaimed by husband or in-laws

ISLAMABAD: In a landmark judgment, the Supreme Court of Pakistan has issued a landmark judgment confirming that all dowry and gifts given to the bride remain her exclusive and unconditional property even after divorce.

Justice Mansoor Ali Shah delivered a seven-page judgment, which stated that items given to the bride as dowry or gifts are her sole property and cannot be claimed by the husband or his family. The court clarified that any gift given to the groom or his family does not fall within the definition of dowry.

The judgment said that “no court can entertain a claim for recovery of dowry or gifts of the bride unless these items are the personal property of the bride.” The order emphasized that whether the item was given by the bride’s family, the groom or his relatives, it legally belongs to the bride.

The judgment also clarified that the order does not support or promote the cultural tradition of dowry, which the court recognized as a practice that often leads to exploitation, oppression and discrimination. The decision is in line with Islamic principles, indicating that only mahr (compulsory dowry) is a religious obligation.

For maximum public access, the judgment has been released with a QR code, which allows easy access to the full text of the judgment.

The case was brought to the Supreme Court when Muhammad Sajid filed an appeal for reduction of dowry and maintenance obligations after divorce. The court dismissed the appeal and upheld the Lahore High Court’s decision.

The order is a significant step towards protecting women’s rights and discouraging exploitative practices associated with the dowry system in Pakistan.