Islamabad:
The Supreme Court ruled that all the goods granted to a bride as a dowry, wedding gifts or present “will accumulate” in it, conferring exclusive and unskilled property rights, regardless of any divorce or future separation.
The seven -page judgment, written by judge Syed Mansoor Ali Shah, while hearing a family business, said that the use of the expression “will be absolutely” faced with exclusive and unskilled property rights on the bride, unless the husband or his relatives are unfavorable.
“The following part” and its interest in property, also derived, will not be below not to be restrictive, conditional or limited “acts as a safeguard to protect the owner of the bride against customary or family charges”, indicates the verdict.
He noted that this absolute acquisition of rights in the bride is not affected by a subsequent separation or divorce, strengthening his lasting and independent right to these goods.
The division bench, directed by Judge Shah, referred to the 1976 law on the DOT and the wedding donations (restriction), noting that the Legislative Assembly makes a clear distinction between three categories of goods exchanged in relation to a marriage: “Dowry”, “Bridal Donts” and “Present”.
He stressed that the dowry comes from the parents of the bride and is given to the bride, while wedding gifts are conferred by the groom or her parents to the bride.
The verdict explained that gifts include a residual category of gifts given to one or the other of the parties to the wedding, or their loved ones, in connection with marriage.
The judgment stressed that the legislative intention behind article 5 of the law is to guarantee the independent property status of the bride and to protect it from dispossession, in particular in the event of marital rupture.
“A targeted interpretation of this provision necessarily limits the extent of property recoverable to what is clearly intended for the bride.”
Consequently, the articles offered to the bride or his loved ones, unless it is clearly intended for the use of the bride or the trust for its advantage, is not the field of protection of the law.
The bench noted that the right of a bride to his personal effects and his property under article 5 is reinforced by constitutional guarantees devoted in articles 23 and 24 of the Constitution, which recognize his right to hold and have his property regardless of his matrimonial state.
He added that article 25 guarantees equality before the law and equality of protection under the latter, forcing the State to eliminate all forms of discrimination against women.
In addition, article 35 of the Constitution obliges the State to protect marriage, family, mother and child. In the interpretation of article 5, the courts must therefore interpret the statutory language in harmony with these constitutional principles.
“Ensure that the economic autonomy of women is maintained and not subject to patriarchal or customary practices.”
He said that the gifts given to the groom or his family cannot be claimed by the bride under the law unless it was clearly demonstrated that they were intended only for its use or its advantage.
The Court also addressed the social consequences of the dowry, in particular when imposed by the expectations of society.
