Bridal Gifts

TANIA NASEER VS MUHAMMAD ZUBAIR

1991 CLC 1696, 2008 SCMR 186

Dowry and Bridal Gifts (Restriction) Act 1976--2 ,
The Family Courts Act 1964--7 , The Family Courts Act 1964-- SCHEDULE , S. 7 & Schd.---Dowry and Bridal gifts (Restriction) Act (XLIII of 1976), S.2(a)---Dissolution of marriage on basis of khula---Return of bridal gifts to husband---Scope---Petitioner/Ex-wife got decree of dissolution of marriage on the basis of khula in consideration of her unpaid dower amount and contended that anything given by husband was to be considered as bridal gifts which were not liable to be recovered---Respondent (ex-husband) contended that gold ornaments, clothes and shoes given by him to the petitioner were returnable on dissolution of marriage---Validity--- Section 2(a) Dowry and Bridal gifts (Restriction) Act, 1976 defined 'Bridal gift'; 'dowry' and 'present' which showed that the articles of 'dowry', 'bridal gifts', 'presents' or all other movable property were the belongings of bride---Bridal gifts given by husband were absolute property of wife and could not be snatched from her---Under the Sharia, the marriage between a man and a woman could be dissolved on the basis of Khula, for which some consideration which was in the form of dower which the wife was entitled to receive at the time of marriage or on demand was to be forgiven---In the present case, only certain amount was mentioned in Column No. 13 of the Nikah Nama as dower money, however, there was no mention of gold ornaments therein---Consideration for marriage was dower amount which had not been paid to the wife---Petitioner (wife) had waived her dower amount in consideration of Khula which was enough--- Appellate Court had failed to consider such aspect of the case which was an illegality---Marriage on the basis of Khula could be dissolved on the basis of dower mentioned in the column No. 13 of the Nikhanama---Constitutional petition was accepted accordingly.