Bridal Gift

2016 MLD 242; PLD 2011 SC 260

Bridal Gifts:

the term ‘personal property and belonging to a wife’
“Such personal property or belonging referred to in Entry No. 9, in my considered view, is a residuary provision, which enables the wife to recover through the process of the Family Courts Act, 1964 whatever property she has acquired during the subsistence of the marriage, which is not the part of her dowry, through her own independent means or even through the means provided by her husband, such as her clothes, ornaments and items of personal use and nature, this may also include anything which has been gifted to the wife by the husband or any of his or her relatives or the friends; such property and belonging may be the one acquired by the wife out of money given to her by the husband, her saving from household allowance, or pocket money from the money provided by her parents or relatives.”

2013 SCMR 1049

RECOVERY OF DOWRY ARTICLES, GOLD ORNAMENTS.

S, 5 — Schedule — recovery of dowry articles, decree for— Gold ornaments, market value of— compensating wife/decree holder with market value of gold instead of gold ornaments — Scope — wife filed suit for recovery of dowry articles against her husband, and the list of dowry articles included 17 tolas of gold — Suit prayed for either recovery of 17 tolas of gold or its value, which was stated to be Rs. 380, 000. Trial Court granted decree only for recovery of dowry articles but not its market value, therefore wife was held entitled to recovery of 17 tolas of gold. Such part of decree could be satisfied either upon handing over by the husband to his wife gold ornaments weighing 17 tolas, and in case he was not in a position to provide the same, the wife could be approximately and fully compensated in terms of money only if she was paid an amount that would enable her to purchase the same from the open market. Unlike other property, movable or immovable, determination of market value of gold did not pose any difficulty as the same was fixed by gold market on daily basis and was readily exchangeable for cash. Wife was entitled to recovery of 17 tolas of gold ornaments or in the alternative its current market value. Appeal was allowed accordingly.

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