Supreme Court affirms women's right to dowry, gifts post-divorce
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The Supreme Court of Pakistan has issued a landmark ruling affirming that a bride retains full ownership of her dowry and wedding gifts even after divorce, Express News reported.
The judgment, authored by Justice Mansoor Ali Shah and spanning seven pages, clearly states that all items given to the bride as dowry or gifts are her unconditional and exclusive property. The court ruled that neither the husband nor his relatives can claim ownership of dowry items or bridal gifts.
Moreover, any gift presented to the groom or his family will not be considered part of the dowry. The judiciary, the verdict added, is only authorised to order the recovery of property that belongs exclusively to the bride.
In its decision, the court emphasised that whether items were provided by the bride's family, the groom, or the groom's family, they remain the legal property of the bride. However, the ruling does not serve as an endorsement of the cultural practice of dowry.
The judgment further clarified that, in line with Islamic teachings, only the haq mehr (mandatory marital payment) is obligatory, while the dowry is a societal custom that often leads to exploitation, pressure, and discrimination against women.
The Supreme Court also noted that the judgment has been made more accessible to the public by including a QR code for ease of reference.
The case was brought before the Supreme Court by petitioner Muhammad Sajid, who had sought a reduction in his financial obligations, including the return of dowry, following his divorce.
The court dismissed his appeal and upheld the decision of the Lahore High Court, reaffirming the bride's right to her dowry and maintenance.
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