Suit for recovery of dowry

If parents had given dowry articles for more than the said amount then same would remain the property of the bride and husband could not usurp the same on the ground that same had been given in violation of S.3(1) of Dowry and Bridal Gifts (Restriction) Act, 1976

Provisions of said Act would become redundant once the parents of the bride had given dowry articles for more than the amount mentioned in S.3(1) of Dowry and Bridal Gifts (Restriction) Act, 1976

Dowry and bridal gifts given to the bride should remain her property

No complaint had been made by the husband to the relevant authority under S.8-A of Dowry and Bridal Gifts (Restriction) Act, 1976

Impugned judgments and decrees passed by the courts below were in accordance with law

Constitutional petition was dismissed in circumstances.

Nikahnama also showed that at the time of marriage, a list was produced for the dowry items and an amount of Rs.70,300 was mentioned therein

Plaintiff had proved that the dowry items were still lying with the defendant which fact was proved by plaintiff herself in her own statement as well as the statements of the witnesses

Trial Court as well as Shariat/Appellate Court while passing the decree for recovery of dowry items had appreciated and concluded the matter in its true perspective

Defendant having failed to substantiate his case to interfere with the findings recorded by Shariat Court, same was upheld in its tune and spirit.

Dowry articles were given to the wife by her parents consisted of household articles and other items including jewellery; and said items were shifted to the husband's house

(Wife) due to the ill attitude of the husband left his house for good and thereafter filed suit for dissolution of marriage by way of khulla and return of dowry articles

Lengthy proceedings took place before the Trial Court where both the parties led their evidence and detailed cross-examination was made and the Trial Court after hearing both the parties through exhaustive order decreed the suit in favour of the wife

Trial Court while examining the father of the defendant-petitioner (husband) had observed that he had admitted in his cross-examination that the (wife) had brought all the articles mentioned in the plaint and the list to the husband's house which proved that the wife had taken all the items mentioned in the dowry list along with her to the husband's house

Number of receipts were produced before the Trial Court and the Trial Court after considering each and every receipt had passed the decree only in respect of those receipts which in its opinion appeared to be genuine

Dowry articles were not returned and were still with the husband and he was obliged to either return the same or to pay the cost

Courts below thrashing out the issue had come to the unanimous conclusion that prima facie case had been made out against the husband

Constitutional petition was dismissed.