SC rules dowry and gifts belong exclusively to brides

Islamabad: A division bench of the Supreme Court has ruled that dowry and gifts given to a bride will remain unconditionally in her possession, and she has the right to file a legal claim for their recovery. She holds exclusive ownership over these items, and neither her husband nor his relatives can assert any claim over them.

Justice Syed Mansoor Ali Shah issued a seven-page written judgment during the hearing of a family case. Referring to the Dowry and Bridal Gifts (Restriction) Act, 1976, the court noted that the legislature has clearly distinguished between three types of property associated with marriage: dowry, bridal gifts, and other gifts.

Dowry refers to property given by the bride’s parents to the bride. Bridal gifts are those given to the bride by the groom or his parents. Other gifts are those exchanged between any party involved in the marriage — whether the bride or groom or their relatives.

The court further observed that under Section 5 of the Act, a bride’s right to these gifts and belongings is reinforced by constitutional protections found in Articles 23 and 24 of the Constitution. These articles recognize her right to own and dispose of property, regardless of her marital status.