A three-member bench headed by Chief Justice of Pakistan Yahya Afridi issued the ruling while hearing a case relating to the recovery of dowry articles. The judgment was authored by Justice Shakeel Ahmad.

The court held that ownership of such property is determined not by how it is described, but by the intention behind the transfer and the bride’s exclusive entitlement to it.

“Ownership is not determined by nomenclature but by the intention underlying the transfer and the exclusive entitlement of the bride thereto,” the judgment stated.

The court further ruled that any unauthorised retention or misappropriation of such property by the husband or his family amounted to unlawful withholding of the wife’s proprietary rights.

“Consequently, any unauthorized retention, deprivation or misappropriation of such property by the husband or his family amounts to unlawful withholding of the wife’s proprietary rights and entitles her to seek recovery through lawful proceedings before the competent Family Court,” it stated.

Referring to prevailing social realities, the judgment observed that bridal jewellery and ornaments were not merely ceremonial accessories but often served as a source of financial security and economic autonomy for women entering marriage.

“Such property, irrespective of whether it is described as jahez, dowry, bridal gifts, or personal belongings, remains the exclusive property of the bride, over which neither the husband nor the in-laws can claim dominion,” the court held.

The Supreme Court dismissed the appeal seeking return of the jewellery and confirmed that family courts have full legal authority to hear such cases.