ISLAMABAD: In a landmark ruling, the Supreme Court has declared that all property given to a bride as dowry, bridal gifts, or wedding presents belongs exclusively to her, granting her full ownership rights that remain intact even in the event of separation or divorce.
The seven-page judgment, authored by Justice Syed Mansoor Ali Shah in a family law case, emphasized that the use of the phrase “shall vest absolutely” signifies the bride’s unqualified and exclusive ownership of such property, shielding it from any claims by the husband or his family.
The ruling further clarified that the phrase “and her interest in property, however derived, shall hereafter not be restrictive, conditional or limited” serves as a legal safeguard, preserving the bride’s autonomy over her property against any social or customary restrictions.
“This absolute vesting of ownership remains unaffected by any future divorce or separation,” the judgment stated, reinforcing the bride’s continuing and independent right to the property.
Justice Shah’s division bench referred to the Dowry and Bridal Gifts (Restriction) Act, 1976, and explained that the law distinctly categorizes marital property into three types: dowry, bridal gifts, and presents.
According to the ruling:
- Dowry refers to property given by the bride’s parents directly to her;
- Bridal gifts are items presented by the groom or his family to the bride;
- Presents are general gifts given to either spouse or their relatives in connection with the wedding.
The court’s decision is seen as a significant step toward protecting women’s financial rights in marriage, providing legal clarity and reinforcing their independent ownership of matrimonial property.
