SC guarantees brides’ possession of dowries

SC guarantees brides’ possession of dowries. Regardless of eventual divorce or separation, the Supreme Court has decided that all property given to a bride as dowry, bridal gifts, or presents will “vest absolutely” in her, therefore granting exclusive and unqualified ownership rights. Authorized by Justice Syed Mansoor Ali Shah while hearing a family dispute, the seven-page ruling said that utilizing the word “must vest absolutely” grants exclusive and unqualified proprietary rights upon the bride, therefore excluding any adverse claim by the husband or his relatives. “The subsequent part “and her interest in property, some difficulty derived, shall hereafter now no longer be restrictive, conditional or limited” acts as a defend to protect the bride’s proprietary autonomy from customary or familial encumbrances,” the decision said. It underlined that any later separation or divorce has no effect on this complete vesting of rights in the bride, therefore confirming her ongoing and autonomous entitlement to such property. Under the direction of Justice Shah, the division bench—which notes that the statute clearly distinguishes three types of property exchanged in connection with a marriage—dowry, bridal gifts, and restriction Act, 1976. It noted that whilst bridal gifts are given to the bride by the groom or his parents, the dowry comes from the bride’s parents and is presented to her. The ruling clarified that presents fall into a residual category of gifts provided to either party to the marriage, or their family, in relation with the wedding. According to the ruling, Section 5 of the Act’s legislative intention is to guarantee the bride’s autonomous proprietary status and guard her against expropriation, especially should a marriage fall apart. “A purposeful interpretation of this clause inevitably limits the scope of recoverable property to that which is demonstrably intended for the bride. Items given to the groom or his relatives therefore fall beyond the protective purview of the Act unless obviously proved to be intended for the use or held in trust for the bride. Constitutional protections entrenched in Articles 23 and 24 of the Constitution, which respect a bride’s right to possess and dispose of her property irrespective of her married status, bolster her right under Section 5, the bench observed. Article 25 also provides equality before the law and equal protection under it, therefore mandating the government to eradicate all kinds of discrimination against women. Furthermore mandated under Article 35 of the constitution is the state’s obligation to safeguard the marriage, the family, the mother and the kid. Thus, while reading Section 5, judges have to translate the legislative text in line with these constitutional values. “ensuring that women’s economic autonomy is upheld and not subordinated to any patriarchal or customised practices. It made plain that under the Act, presents given to the groom or his family cannot be claimed by the bride unless it is quite evident that they were meant just for her use or benefit. The court also discussed the social fallout from dowries, especially in cases where society expectations drive them.