Islamabad High Court Observes: Husband Cannot Reclaim Gifts Given to Wife
In a significant development in family law, the Islamabad High Court has observed that a husband cannot take back gifts once they have been given to his wife. The remarks came during the hearing of a family appeal filed by a man seeking to recover jewellery and other valuables from his former spouse. The case was heard by Justice Mohsin Akhtar Kayani, who made strong observations regarding the legal and moral standing of reclaiming gifts.
2/25/20261 min read
Court’s Observations
During proceedings, the court emphasized that once a gift is voluntarily given, it becomes the exclusive property of the recipient. Justice Kayani reportedly remarked that taking back a gift is akin to an act that goes against both social values and Islamic teachings.
The court highlighted that neither customary practice nor established principles of Islamic jurisprudence support reclaiming gifts after they have been freely handed over. Such actions, the bench observed, undermine the sanctity of gifting, which is meant to be unconditional and permanent.
Legal Perspective
Under Pakistani family law, gifts (hibah) given without any written conditions are generally considered irrevocable. This means that once ownership is transferred through a valid gift, the giver no longer retains legal rights over the property.
Legal experts note that unless there is clear documentary evidence showing that the gift was conditional, courts are unlikely to entertain claims for its return.
Status of the Case
While the court has made its observations clear during the hearing, the final written judgment in the matter is awaited. The decision is expected to further clarify the legal position on disputes involving post-marital claims over gifts.
Why This Matters
Disputes over jewellery, valuables, and other gifted items are common in marital and post-divorce litigation. The Islamabad High Court’s remarks reinforce the principle that gifting is a serious legal act with lasting consequences.
Disclaimer: This update is shared based on publicly available information. VOTG News is not responsible for any decisions made based on this news. The image is AI-generated only for illustration