1995 PLP 885 (SCMR)

SAAD SAOOD JAN, J.‑‑‑This is a petition for special leave to appeal from the judgment dated 6‑7‑1994 of the Lahore High Court, dismissing the civil revision petition filed by the petitioner.

2. The petitioner married the respondent on 16‑5‑1976. The marriage did not prove to be a success and on a suit filed by the respondent the Family Judge, Rawalpindi, passed a decree in her favour for the dissolution thereof.

3. On 26‑6‑1989 the respondent filed a suit for the recovery of her dowry articles or, in the alternative, for a decree in the sum of Rs.24,000 which represented the value of the articles. She stated that the petitioner had forcibly thrown her out of his house and had kept back her dowry articles which were given to her at the time of her marriage. The suit was resisted by the petitioner. He inter alia stated that the respondent had taken away her dowry articles with the assistance of her relatives while he was away from the house.

4. In support of her case apart from oral evidence the respondent produced a list (Exh.P‑1) of her dowry articles which was prepared at the time of her Rukhsati by Abdul Sattar (P.W. 3). On his part the petitioner relied entirely upon oral evidence. The learned trial Court accepted the evidence produced by the respondent in preference to that of the petitioner and decreed her suit. The petitioner filed an appeal before the District Court but it was dismissed. He then filed a revision petition in the High Court. It met with the same fate. He now seeks leave to appeal from this Court.

5. In support of this petition, learned counsel for the petitioner has relied upon two provisions of the Dowry and Bridal Gifts Restriction Act, 1976, hereinafter referred to as the Act. These provisions are contained in sections 3 and 8 of the Act. Section 3, ibid, reads as follows: "Restriction on dowry, presents and bridal gifts.‑‑(1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees; Explanation. The ceiling of five thousand rupees specified in this sub; section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given. (2) No dowry, bridal gifts or presents may be given before or after six months of Nikah if Rukhsati takes place some time after Nikah, after six months of such Rukhsati. Section 8 of the Act is in the following terms: "List of Dowry, etc. to be furnished to Registrar.‑‑(1) The parents of each party to a marriage shall furnish to the Registrar lists of dowry, bridal gifts and presents given or received in connection with the marriage. (2) The lists referred to in subsection (1) shall be furnished,‑‑ (a) in the case of property given or accepted before or at the time of the marriage; and (b) in the case of property given or accepted after the marriage, within fifteen days of its being given or accepted. (3) The lists referred to in subsection (1) shall ‑

(a) contain details of the property alongwith the value thereof; and (b) be signed or thumb‑marked by the person furnishing them to the Registrar and attested by at least two witnesses.

6. It is contended on behalf of the petitioner that violations of the provisions of sections 3 and 8, ibid, are offences under section 9 of the Act; consequently the respondent by claiming that she had received dowery articles of the value of Rs.24,000 has in fact admitted that she has been guilty of the offence under section 9; in the circumstances, the Courts cannot come to her assistance and permit her to recover the said articles or the value thereof; further, as the list (Exh.P‑1) prepared by Abdul Satter (P.W. 3) was not furnished to the Nikha Registrar as required by section 8, ibid, it is inadamissible in evidence.

7. It is to be noticed that neither of these contentions was raised before the Courts below and to me it appears these have been advanced here in order to deprive the respondent of her property. It is true that violations of the provisions of the sections 3 and 8, ibid, constitute offences under section 9 of the Act but then as provided by this very section the cognizance thereof cannot be taken by the Courts except on a complaint in writing made by or under the authority of the Deputy Commissioner within nine months from the date of the Nikah or Rukhsati, whichever is later. In this case, the Deputy Commissioner did not lodge any complaint within the prescribed period. It is also to be noticed that it is not the case of the petitioner that when at the time of the respondent's Rukhsti her dowry articles were being taken to his house he had made any protest with regard to their valuation a violation of section 3 of the Act. Therefore, it does not lie with him now to contend that she should not be allowed to take them back or receive their price as a violation of section 3 has taken place. This is clearly a dishonest plea which I am not prepared to countenance. As regards the list (Exh. P‑1), it does not become inadmissible in evidence merely because a copy thereof was not handed over to' the Nikah Registrar.

8. For the reasons stated above, this is not a fit case for interference by this Court. The petition is dismissed. AA./M‑2249 ?????????????????????????????????????????????????????????????????????????????????????? Leave refused.