Bridal Gifts are nonreturnable

Bridal Gifts are unreturnable

Section 7 family court act 1964 section 2(a) of Dowry and Bridal Gifts (Restrictions) Act 1976—dissolution of marriage by way 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 dower of dowry bridal gift presents or all other moveable property were the belonging of bride—Bride 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 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 received 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 howler 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— Appellant 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 Nikah nama—constitution petition was accepted accordingly

2017 YLR 1481

PLJ 2004 LAHORE 1080

PLD 2004 LAHORE 290

PLD 2016 Lahore 425