Recovery of dowry

The decree for recovery of dowry articles in alternative. Having been expressed in the alternative, the decree does not become a decree for money simpliciter for the amount stated therein. This because the price of dowry articles fixed in the alternative by the decree under execution represents their market value as on the date of decree. Such market value of the decretal dowry articles cannot remain static endlessly, therefore the alternative monetary direction in the decree cannot remain fixed after lapse of reasonable time. In terms of law, the proceedings of the learned Family Court, whether as a trial court or an executing court, are governed by the general principles of equity, justice and fair play. The order of the judge Family Court/executing Court, “[---] It is made clear that golden ornaments mentioned at Sr. No.23 shall be paid either in the shape of golden ornaments or in alternative price thereof as per market value of the gold at the date of its payment” was upheld by the Supreme Court. 


2017 S C M R 321 [Supreme Court of Pakistan]