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The Gifts and Benefits given to a Wife at the time of Marriage become her Personal Property --- Supreme Court of Pakistan

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The Gifts and Benefits given to a Wife at the time of Marriage become her Personal Property --- Supreme Court of Pakistan

Islamabad 26-07-2024: In a significant ruling, the Supreme Court of Pakistan has dismissed a petition challenging the decisions of the Family Court and the High Court regarding a case of dissolution of marriage by khula. The Apex Court upheld the exclusive jurisdiction of Family Courts in such matters, reiterating the need for quick resolution of family disputes.

The case involved a respondent (wife) who filed Family Suit No. 2163/2021 for dissolution of marriage by khula before the Family Judge-XXVIII Karachi East. The suit also included claims for the recovery of dowry articles worth PKR 1,025,000 and monthly maintenance of PKR 25,000. The Family Court decreed in favor of the wife on August 16, 2022, directing the petitioner (husband) to pay maintenance of Rs. 10,000 per month for the iddat period and to return all listed dowry articles or their equivalent market value.

Aggrieved by the Family Court's decision, the husband filed a family appeal under Section 14 of the West Pakistan Family Courts Act, 1964. However, the Appellate Court dismissed the appeal on March 21, 2023, upholding the Family Court's judgment.

The petitioner then approached the High Court of Sindh, Karachi, with a Writ Petition under Article 199 of the Constitution, arguing that the evidence was not properly considered by the Lower Courts. The High Court dismissed the petition on February 28, 2024, affirming the Family Court's jurisdiction over personal property and belongings of a wife and ruling that no manifest illegality was apparent in the earlier judgments.

Upon review, the Supreme Court refused to grant Leave to Appeal, emphasizing that its jurisdiction under Article 185(3) of the Constitution does not typically extend to re-evaluating concurrent findings of fact by lower courts unless there is a clear legal or factual error resulting in a grave miscarriage of justice.

The Supreme Court cited previous case law, including "Sardar Ali Khan Vs. State Bank of Pakistan" [2022 SCMR 1454] and "Abdul Baqi Vs. Haji Khan Muhammad" [PLD 2022 SC 546], to support the principle of non-interference with Family Courts' decisions. The Court highlighted the importance of the exclusive jurisdiction of Family Courts under Section 5 of the West Pakistan Family Courts Act, 1964, and the Dowry and Bridal Gifts (Restriction) Act, 1976, which ensure that gifts and benefits given to a wife at the time of marriage become her personal property.

This judgment reaffirms the exclusive jurisdiction of Family Courts in family disputes and the limited scope of constitutional petitions in such matters. It underscores the legislative intent to expedite family cases and avoid prolonged litigation, ensuring swift and conclusive resolution of disputes.

The Supreme Court's decision marks a significant step in upholding the jurisdiction of Family Courts and protecting the rights of women in family disputes. The ruling emphasizes the importance of quick resolution and the finality of appellate decisions, thereby strengthening the legal framework for family law in Pakistan.