No, because they are not legally hers, a bride cannot claim gifts given to the groom or his family as part of her dowry. Based on a 2025 Supreme Court of Pakistan ruling, this story reveals a divorced woman’s fight to recover her dowry and emphasizes the legal line separating her property from gifts to her husband’s family.After a promising wedding, there was a legal battle over what actually belonged to her.
Shamsa and Sajid’s 2018 marriage was a positive start. She received a dowry from her parents, which included household items to construct her new home, and they were soon blessed with a daughter. However, their love waned, and by 2022, divorce had ripped them apart. Believing that all wedding presents, including those for Sajid’s family, belonged to her, Shamsa went to court to recover her dowry and obtain maintenance, or financial support for herself and her daughter, after being left to raise her child alone.
Her dowry and some maintenance were granted by the Sialkot trial court, which partially agreed. Both sides appealed, unsatisfied. Shamsa wanted a larger dowry, while Sajid wanted less upkeep. Her dowry award was increased by the Additional District Judge, but her maintenance claim was denied. Still dissatisfied, Sajid appealed the dowry decision to the Lahore High Court, which upheld it. Then, determined to hold onto what he claimed was his, he took his battle to the Supreme Court.
Both legally and emotionally, the main question was whether Shamsa could use gifts given to Sajid’s family as part of her post-divorce dowry. It wasn’t just about items like furniture or jewelry — it was about her rights, her family’s sacrifices, and her dignity after a broken marriage.
Such disputes are governed by the Dowry and Bridal Gifts (Restriction) Act, 1976. It defines bridal gifts as things given to the bride by the groom or his parents, dowry as property given to the bride by her parents for the marriage, and presents as presents given to the bride, groom, or their family. The Act’s Section 5 makes it clear that the bride is the sole owner of the dowry, bridal gifts, and presents she receives; neither her husband nor his family may touch them. However, gifts given to the groom’s family are not the bride’s property unless they are intended for her use.
The Supreme Court did not waver. Articles 23 and 24 of the Pakistani Constitution, which protect her property rights, as well as Article 25, which guarantees equality before the law, made Shamsa’s dowry hers. This is further supported by Islamic law, which is based on Hanafi principles and states that the bride will always own gifts like the dowry or Mehr, which are required by the groom to be given to her, even after a divorce. However, the gifts Sajid gave to her family—which were items 65 to 72 in her claim—were not hers to retrieve.
The court also dealt with a more serious matter. In contrast to Mehr, which Islam requires to ensure a bride’s independence, dowry, when demanded, burdens families and exacerbates inequality. In order to promote simpler, more equitable marriages, the judges urged society to do away with dowry pressures. Shamsa only won a portion of the battle; she kept her dowry but forfeited the gifts that Sajid’s family had received. The court upheld her right to the remaining items while modifying the High Court’s order to exclude those items.
It was a struggle for Shamsa. The majority of her dowry, a representation of her family’s love and her legal rights, was returned to her. However, the decision served as a reminder that not all wedding presents are the bride’s property. In addition to being a step toward justice, it was a call to reconsider customs that oppress women and families.
This narrative is based on an actual ruling rendered by Pakistan’s Supreme Court in 2025.
FAQs
After a divorce, is it possible for a bride to claim gifts given to the groom’s family as part of her dowry? No, according to a 2025 Supreme Court ruling, gifts given to the groom or his family do not belong to the bride unless they are meant for her use.
In Pakistani law, what is a dowry? According to the Dowry and Bridal Gifts (Restriction) Act of 1976, the bride’s parents give her the dower as property for the marriage, which belongs exclusively to her.
According to the 1976 Act, what are bridal presents and gifts? According to the Dowry and Bridal Gifts (Restriction) Act of 1976, presents are gifts given to the bride, groom, or their family members, whereas bridal gifts are things given to the bride by the groom or his parents.
In an Islamic marriage, what is Mehr? Mehr is a required wedding present that the bride must accept from the groom in order to secure her financial future. It is irrevocable even after a divorce.
In Pakistan, is it possible for a divorced woman to get her dowry back? Yes, regardless of her marital status, a divorced woman can get her dowry back because it is legally hers under Section 5 of the 1976 Act.
How is a bride’s dowry protected under the Family Courts Act? The 1964 Family Courts Act protects a bride’s financial rights by enabling her to recoup her dowry, bridal gifts, and personal belongings through family court.
Disclaimer
This blog is not legal advice; it is merely for public awareness.
