The Supreme Court of Pakistan has made a historic decision claiming that a bride retains full ownership of his dowry and her marriage donations even after divorce, Express News reported.
The judgment, written by judge Mansoor Ali Shah and the extent of seven pages, clearly indicates that all the articles given to the bride in dowry or gifts are his unconditional and exclusive property. The court ruled that neither the husband nor his relatives can claim ownership of dowry articles or marriage donations.
In addition, any gift presented to the groom or his family will not be considered as part of the dowry. The judiciary, added the verdict, is only allowed to order the resumption of goods which belong exclusively to the bride.
In its decision, the court stressed that if the articles were provided by the bride’s family, the groom or the groom’s family, they remain the legal property of the bride. However, the decision does not serve as approval of the cultural practice of the dowry.
The judgment also specified that, in accordance with Islamic lessons, only the HaQ mehr (compulsory marital payment) is compulsory, while dowry is a societal custom which often leads to exploitation, pressure and discrimination against women.
The Supreme Court also noted that the judgment had been made more accessible to the public including a QR code to facilitate the reference.
The case was brought before the Supreme Court by the petitioner Muhammad Sajid, who had requested a reduction in his financial obligations, including the return of the dowry, following his divorce.
The court rejected its appeal and confirmed the decision of the High Court of Lahore, reaffirming the right of the bride to her dowry and his interview.
