After divorce or khula, his family cannot take back the gold and the gifts.

Key points

• The Supreme Court in 2026 SCMR 561: "Items given by a husband or his family in connection with marriage fall within the category of bridal gifts or presents and, as such, vest absolutely in the bride."
• The same paragraph: such items "cannot be reclaimed by the husband, as they do not constitute dower nor are they recoverable as personal property of the husband".
• Under section 5 of the Dowry and Bridal Gifts (Restriction) Act 1976, dowry, bridal gifts and presents given to the bride vest absolutely in her.
• A plaint for dissolution of marriage may contain all claims relating to dowry, dower, maintenance and the wife's personal property and belongings (Family Courts Act 1964, s.7(2), proviso).

The rule in one line

Gifts given to the bride in connection with the marriage, by the husband or his family, are hers absolutely, and so is the dowry she brings. Ending the marriage does not send them back. Dower (haq mehr) is different, and in a khula the court may order part of it returned.

What happened in this case

The couple's nikah was solemnized on 1 December 2017 with a prompt dower of 15 tolas of gold ornaments. The rukhsati never took place and the marriage was never consummated (paragraph 3).

The wife sued for dissolution of marriage on the basis of khula. In his written statement the husband claimed that substantial gold ornaments, dresses and other items had been given to her for the marriage, and asked for them back (paragraph 3).

On 17 December 2018 the Family Court granted khula on condition that she return twenty five percent of the admitted prompt dower, and did not entertain his claim for the items. The appellate court upheld that on 8 April 2019. The Lahore High Court, Rawalpindi Bench, then ordered her to return the whole 15 tolas because the marriage had not been consummated (paragraph 4).

What the Supreme Court said about the gifts

A bench of Justice Shahid Waheed, Justice Musarrat Hilali and Justice Salahuddin Panhwar decided the case on 23 January 2026, in a judgment by Justice Musarrat Hilali.

The husband had claimed "gold ornaments, dresses and expenses relating to wedding functions". The Court said that even if his assertions were accepted, the law draws a clear distinction between dower, dowry, bridal gifts and presents. Items given by a husband or his family in connection with marriage are bridal gifts or presents that vest absolutely in the bride and cannot be reclaimed by the husband. The three courts below were right not to consider his claim (paragraph 8).

What it said about the dower

Section 10(5) of the Family Courts Act, as it applies in Punjab, lets the Family Court in a khula direct the wife to surrender up to fifty percent of her deferred dower or up to twenty five percent of her admitted prompt dower. It makes no distinction between consummated and unconsummated marriages (paragraphs 9 and 11).

The High Court had relied on a Khyber Pakhtunkhwa precedent, where section 10(5) as amended in Punjab does not apply, and on a Quranic verse that governs talaq rather than khula (paragraphs 12 and 13).

The Court converted the petition into an appeal, allowed it, and restored the order that she return twenty five percent of the prompt dower, 3.75 tolas of gold (paragraphs 13 and 14).

The case at a glance

Facts

Nikah on 1 December 2017 with prompt dower of 15 tolas of gold; no rukhsati, marriage unconsummated. The wife sued for khula; the husband claimed back gold ornaments, dresses and wedding expenses. The Family Court granted khula on return of 25% of the prompt dower and did not entertain his claim; the appellate court agreed; the Lahore High Court ordered return of all 15 tolas.

The question

Whether in a Punjab khula case the wife can be made to return the whole prompt dower because the marriage was unconsummated, and whether the husband can reclaim items given in connection with the marriage.

What the Court held

Her liability is capped by section 10(5) at 25% of the admitted prompt dower, 3.75 tolas. Items given by the husband or his family in connection with the marriage are bridal gifts that vest absolutely in the bride and cannot be reclaimed. Appeal allowed.

Why

Section 10(5) is clear and draws no line between consummated and unconsummated marriages. The law distinguishes dower, dowry, bridal gifts and presents; gifts are neither dower nor the husband's personal property.

Limits

The dower ruling applies section 10(5) as amended in Punjab; other provinces may differ. Whether a particular item was a gift to the bride, a loan or the family's own property is a question of fact for the Family Court.

The law it relies on

What this does not mean

• It does not mean dower is never returned. In a khula in Punjab the Family Court may order up to 25% of the admitted prompt dower or up to 50% of the deferred dower to be surrendered.
• It does not mean anything in the house becomes hers. The rule covers items given in connection with the marriage as bridal gifts, presents or dowry; other property depends on the facts.
• It does not mean she gets her things back automatically. If they are withheld, she has to claim them, and the Family Court decides on the evidence.

Questions people ask

Sources

• Mst. Rafia Yaqoob v. Suleman Ayub, 2026 SCMR 561 (Supreme Court of Pakistan, 23 January 2026), paras 3, 4, 8, 9, 11, 12, 13, 14
  Items given by the husband or his family in connection with marriage vest absolutely in the bride and cannot be reclaimed; in a Punjab khula the wife's liability is capped by s.10(5). verified against full text
• Family Courts Act, 1964, s.7(2), s.10(5) (Punjab) text checked in FAI Statute Search Punjab Code
• Dowry and Bridal Gifts (Restriction) Act, 1976, s.5 not in FAI Statute Search; stated as quoted in reported judgments Pakistan Code

Every quote and section above is traced to the full judgment or statute text by an automatic check that runs on every update.

What the reel says