Recovery of dowry Articles

Section 17, Dowry and Bridal Gifts (Restriction) Act 1976

Section 2(b) 10, Dowry and Bridal Gift (Restriction) Rule 1976

Suit for Recovery of dowry articles- list of dowry articles produced in evidence by both parties in support of their respective claim – decree passed by Family Court on basis of such list produced by husband upheld by Appellant Court. Wife plea that rule of thumb would apply to proceedings before Family court and not provisions of Qanoon-e-Shahadat 1984 or its principles, thus receipts in respect of purchase of dowry articles produced by her were liable to be relied upon by courts below –

Validity – wife in her statement had admitted that such list was not prepared at time of her nikah, while her father had deposed otherwise – rule of thumb would not be solve a party from establishing his/her claim – party denying liability, on basis of such rule, could not be burdened to shoulder claim of opposite party without its proof- Dowry list produced by wife was not prepared in shape of Form D-1 as prescribed in Rule 4(1) of Dowry and Bridal Gift (Restriction ) Rules 1976, therefore same was not to be considered in support of her claim – receipts in respect of purchase of household articles on basis of rule of thumb would not quality and met essential requirement of proof of purchase of said articles by parents of wife and its giving to her before or after marriage – High Court dismissed constitutional Petition in circumstances

PLD 2013 Islamabad 11