- The Sindh High Court has ruled that gifts given to a wife at the time of marriage or before separation are her personal property and cannot be reclaimed by the husband, even after separation.
- This ruling reinforces the legal protection of marital gifts, ensuring that they remain with the wife regardless of marital status, and is expected to set a precedent for similar cases, providing clear legal backing for the ownership rights of wives.
- The court explicitly stated, “The gifts given to the wife at the time of marriage or before separation become her personal property and cannot be reclaimed,” highlighting the irrevocable nature of such gifts.
The Sindh High Court has issued a landmark ruling regarding marital gifts, firmly establishing that gifts given to a wife at the time of marriage or before separation cannot be reclaimed by the husband. This decision reaffirms the legal protection of marital gifts as the exclusive property of the wife.
The ruling came in response to a petition filed by Arshad Jameel, who sought the return of gifts he had given to his wife during their marriage. The court’s detailed verdict on the family court appeal aligns with the initial trial court’s decision, underscoring the principle that such gifts are irrevocably the wife’s property.
In its judgment, the court stated, “The gifts given to the wife at the time of marriage or before separation become her personal property and cannot be reclaimed.” This clear and unequivocal statement serves as a powerful assertion of the wife’s ownership rights over gifts received during the marriage.
The court’s ruling emphasizes that marital gifts are not subject to reclamation upon separation, thereby providing a significant legal safeguard for wives. This decision is expected to set a precedent for similar cases, offering clarity and legal support to the ownership rights.
This judgment by the Sindh High Court not only strengthens the legal framework but also reinforces the notion that such gifts are an integral part of the wife’s personal property. The ruling is a vital step in ensuring that the rights and possessions of wives are protected under the law, regardless of changes in marital status.
Over 10 Million Women Await Marriage in Pakistan. Read the full story here:
In Pakistan, a recent United Nations report has shed light on a concerning trend: more than 10 million women aged 35 and above are currently awaiting marriage. The report highlights that ten million women above 35 years old are in this situation, signalling a significant challenge surrounding marriage in the country. Additionally, the report notes that 22 million young boys and girls are also waiting for marriage.
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