To recover gold, the wife must prove the husband’s side kept it, not only that it was given

Judgment at a glance

Legal issue

Can a decree for six tolas of gold ornaments stand on proof, or an apparent admission, that gold was given to the wife, without a finding that the husband or his family took or kept it?

Decision

No. Giving the ornaments and their later snatching or retention are separate facts, each needing proof. A suggestion put to and denied by the husband's witness is not an admission; and the husband's failure to prove he was away from home could not supply proof of snatching. The decree for six tolas was set aside. The Court also held that the 17.25 grams the husband admitted giving as a bridal gift cannot be treated as dower and ordered returned merely because of khula. Maintenance, dowry articles and custody were not pressed and stand.

Key principle

Gold given to a wife is her property and presumed to be in her possession; to recover it from the husband she must prove it came into his possession or was taken or retained by him or those he answers for. A bridal gift cannot be converted into dower and ordered returned merely because the marriage ended by khula.

Outcome

Partly allowed

Relevant law

Family Courts Act 1964, s.17; Constitution of Pakistan 1973, Art. 199

Why it matters

• Plead and prove what happened to the jewellery after it was given: who took it, when, and in front of whom.
• A husband's admission that some gold was given is not an admission that he kept it, nor proof of a larger quantity.
• A husband cannot reclaim bridal gifts as 'dower' just because the wife took khula.

Cite as: Mohsin Ali v. Mst. Sidra Bibi, etc., 2026 LHC 8206, Lahore High Court, W.P. No. 1837 of 2023, decided 12 October 2026

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