Islamabad: The Supreme Court emphasized on Tuesday that society must strive to abandon regressive dowry practices and, instead, promote a marriage model rooted in simplicity, mutual dignity and the financial responsibility of the boyfriend through “Mehr”.
“The dowry, unless it occurs voluntarily and is free of coercion or social pressure, perpetuates inequality and exploitation, which seizes the ideals of an equitable marriage enshrined in the constitutional and Islamic frameworks,” Judge Syed Mansoor Ali Shah observed while heading a bank of two judgments.
The bank had taken an appeal by Muhammad Saxid against an order of the Superior Court of Lahore (LHC) on October 17, 2022.
The seven pages order explained that the current failure should serve as a firm reminder that any property received by the bride remains exclusively of his and is not subject to claim or appropriation by the boyfriend or his family.
“No expectations or wrong rights should be arising in this regard,” said Judge Shah, adding that, as a matter of politics, any gift or contribution made by the bride’s family must be completely voluntary and administered without social pressure.
The boyfriend or his family cannot appropriate the rules of the bank with the head of Judge Shah received by the bride.
This would preserve family dignity and reaffirm the constitutional commitment to human equality and dignity, Judge Shah said.
The dowry, if there is social pressures, can exercise a severe burden for families, especially those with limited financial resources, the Supreme Court observed.
In contrast, Islam designates Mehr as the only mandatory disposition, an unconditional gift of the girlfriend to the bride, with the intention of ensuring their financial autonomy without loading his family.
The controversy in question revolved around marriage between Muhammad Sajid (petitioner) and Shamsa Asghar (defendant), which was solemnized on February 5, 2018. However, the relationship between the parties became tense, which finally culminated in a divorce.
The defendant instituted a lawsuit for the recovery of the maintenance allocation and dicks it before a court of first instance. The lawsuit was partially decreed as the dowry and maintenance through a trial on March 10, 2022.
The appeals of the archive of both parties
Turned by the amount of the decree, both parties presented appeals before an additional district judge in Sialkot. The petitioner presented an appeal for the reduction of the maintenance allocation, while the defendant presented an appeal for increasing the amount of dowry specified in the decree.
The appeals were partially allowed and, more importantly, the valuation of the dowry was raised while the maintenance claim was dismissed on September 19, 2022. Subsequently, the petitioner preferred a civil review before the LHC, but the appeal was dismissed on October 17.
In the appeal presented before the Supreme Court by Muhammad Sajid, the main legal question was whether the dowry claimed by the bride includes gifts given to the boyfriend or his family.
At the time of marriage, the parents of the bride had provided him with a dowry.
The Supreme Court, pointing out that the list provided by the defendant (girlfriend) shows that certain elements given to the boyfriend’s family fall out of reach of the dowry and pass as gifts, reserve the LHC.
judgment.
Posted in Dawn, April 23, 2025
