Recovery of dowry articles

2021 YLR 1550 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.5Recovery of dowry articlesParties were husband and wife inter se and the relationship ended in divorce

Suit for recovery of dowry articles filed by wife was decreed in her favour but Lower Appellate Court on the basis of "acknowledgment receipt" dismissed the suit

Validity

Suit was filed by wife and she was not shown to be a party in disputed document (acknowledgement receipt) nor a signatory thereto

Wife could not be denied right to recover dowry articles which were received at the house of her ex-husband

Family Court rightly declined to accept the document as a valid piece of evidence to deny relief to ex-husband while Lower Appellate Court fell in error in non-suiting wife on the basis of inadmissible evidence by misreading of record

High Court in exercise of Constitutional jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Family Court

Constitutional petition was allowed, in circumstances.

2017 MLD 2010 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5, Sched & S.14(2)(b)Constitution of Pakistan, Art. 199Constitutional petitionMaintainabilityRecovery of dowry articlesAppealScopeFamily Court decreed suit for dowry articles to the extent of Rs. 1,00,000/- as alternate priceContention of husband was that appeal was not competent before the District JudgeValidityAppeal was not merely a matter of procedure but same was substantive vested rightAppeal was a continuation of a suit

Institution of suit would carry an implication that all rights of appeal then in force were available to the litigants till the end

Right of appeal was available when suit was filed

Constitutional petition against the impugned judgment and decree was unwarranted

Constitutional petition was not competent which was disposed of accordingly

Husband might file appeal before the court of competent jurisdiction.

2017 CLC 1328 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5, Sched.Recovery of dowry articlesWife could not be non-suited merely for the reasons that Rukhsati had not taken placeDispute had arisen between the parties on the day of BaratGenerally, dowry articles were delivered to the house of bridegroom a few days prior to Rukhsati

Both the courts below had rightly arrived at a conclusion that dowry articles were delivered prior to the date of Rukhsati

Decree had been passed with regard to dowry articles which were of daily use and usually given to a daughter at the time of marriage by the parents even having unsound financial background

Alternate price of dowry articles assessed by the Family Court and affirmed by the Appellate Court was reasonable

Husband was trying to drag the wife in frivolous litigation and creating hurdles in the process of justice

Court was not to allow any party to abuse the process of court

Imposition of suitable cost might be one of the modes to curtail unnecessary and frivolous litigation

Husband had filed present constitutional petition to achieve ulterior motives which was required to be dismissed with exemplary costs

Constitutional petition was dismissed with cost of Rs.20,000/-to be deposited by the husband with the Family Court within 30 days and wife would be entitled to draw the same

If husband failed to deposit the cost then Family Court should recover the same as arrears of land

Constitutional petition of husband was dismissed in circumstances.

2017 CLCN 163 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 5, Sched.Recovery of dowry articlesContention of husband was that wife had taken away some dowry articles including gold ornamentsValidityHusband had admitted that dowry articles which were lying with him could be returnedHusband could not prove that wife had taken away some dowry articles including gold ornaments

Exclusion of gold ornaments from dowry articles of wife in the impugned judgments and decrees passed by the courts below were based on mis-reading and non-reading of evidence

Wife was entitled for recovery of entire dowry articles including gold ornaments

Suit of plaintiff-wife for entire dowry articles along with gold ornaments was decreed

Family Court was directed by High Court to amend the decree accordingly

Constitutional petition was disposed of in circumstances.

2016 YLRN 176 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 5, SchedRecovery of dowry articles

Family Court directed the husband to return dowry articles to the wife or to pay Rs. 40,000/- as value of such articles against the claim for Rs. 80,000

Validity

Dowry articles were given to the wife by her parents at the time of her marriage which she had taken to the house of her husband

No house hold articles had been return to the wife

Both the courts below had properly appreciated the evidence on record

Impugned judgments and decrees were based on sound reasons

Constitutional petition was dismissed in circumstances.

2015 MLD 11 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5, Sched.Constitution of Pakistan, Art.199Constitutional petitionRecovery of dowry articlesTrial Court decreed the claim in favour of wifeAppellate Court allowed the appeal and prayer of recovery of dowry articles was declinedNon-exhibition of list of dowry articlesEffect

Petitioner/husband in his written statement had not categorically denied factum of delivery of dowry articles and simply stated that no articles were shifted to his house

Stance of the petitioner was not acceptable as from the evidence of the parties it was established that after marriage the wife resided in his house

Dowry articles given to her by her parents in natural course would have been shifted to petitioner's house

Ground urged regarding non-exhibition of list of dowry articles could not be made basis for non-suiting the wife for recovery of dowry articles particularly when the factum of delivery of dowry articles was not categorically denied by the husband

Family Court, after due appreciation of the evidence available on the record found on the issue of dowry articles, which had illegally been disturbed by the lower Appellate Court

Findings of the lower Appellate Court was set aside by High Court.

2014 CLC 895 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5. Sched.Constitution of Pakistan, Art.199Constitutional petitionRecovery of dowry articlesWife sought recovery of gold ornaments weighing 12 tolas and the same was decreed in her favourDuring execution husband intended to pay market value of gold prevalent at the time of filing of suitValidity

Wife had only prayed for recovery of 12 tolas of gold ornaments and she did not fix price of gold jewellery in alternative

Decree for recovery of 12 tolas gold jewelry was passed by lower Appellate Court in favour of wife

Husband had the option either to hand over 12 tolas of gold jewellery to wife or in case he was not in position to do so, then to compensate wife in terms of money equal to an amount that would enable her to purchase 12 tolas gold from open market

Executing Court rightly held that wife was entitled to recover present market value of gold jewelry

Petition was dismissed in circumstances.