The Sindh High Court (SHC) has dismissed a petition of a man seeking the return of the gifts given to his former wife, ruling that gifts given to a woman at and after her wedding by her husband and in-laws legally belong to her.
Issuing the order on a petition filed by Shafique Arain, who had challenged the successive judgment in favour of his ex-wife in a family suit seeking the return of gifts and other articles, a single SHC bench headed by Justice Zulfiqar Ahmed Khan said the petition is not maintainable in writ jurisdiction.
The petitioner’s counsel had said that the evidence was not appreciated by the respective forums in their proper perspective, so the exercise be conducted afresh in writ jurisdiction since no further provision of appeal was provided in the statute.
The court said that Section 5 of the West Pakistan Family Court Act, 1964, provides that family courts have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in Part-I of the schedule to the said Act.
The court added that personal property and belongings of a wife is one of the subjects/items in the schedule to the said Act over which the family court has been given exclusive jurisdiction.
The bench said that all gifts, not limited to bridal gifts, given to a wife during the subsistence of the marriage become her personal property and belongings, so a suit with respect to personal property and belongings of a wife is to be filed with a family court.
The bench added that the conjoint reading of the law shows that presents and gifts given to the bride at and after the wedding by the bridegroom and his parents vest absolutely in the bride.
The court said that on the basis of the Dowry & Bridal Gifts (Restriction) Act, 1976, the superior courts have consistently held that bridal gifts given by a husband are the absolute property of a wife and cannot be taken away from her.
A bride can always recover the articles of bridal gifts, “WARI” and presents given to her by a bridegroom and his family at the time of the wedding, added the court.
The bench said that there are plenty of case laws in support of the proposition that the gifts or benefits given to a wife at the time of the wedding and during the subsistence of the marriage become her personal property and belongings, and the trial court has rightly allowed the prayer of the respondent and decreed the suit in her favour.
The bench added that it is settled law that the ambit of a writ petition is not that of a forum of appeal, nor does it automatically become such a forum in instances where no further appeal is provided, and is restricted inter alia to appreciate whether any manifest illegality is apparent from the order impugned.
The SHC said that as far as the plea for de novo appreciation of evidence is concerned, it would suffice to observe that the writ jurisdiction is not an amenable forum in such regard, and dismissed the petition.