Recovery of Gold Ornaments or its value

Section 5 of the west Pakistan family courts act (XXXV of 1964)—gold ornaments – market value – compensating wife/decree holder with market value of gold instead of gold ornaments – scope – wife filed suit for recovery of dowry articles against her husband and the list of dowry articles included 17 tolas of gold – suit prayed for either recovery of 17 tolas of gold or its value which was stated to e Rs. 380,000/= — trial court granted decree only for recovery of dowry articles but not its market value therefore wife was held entitled to recovery of 17 tolas and in case he was not in a position to provide the same the wife could be appropriately and fully compensated in terms of money only if she was paid an amount that would enable her to purchase the same from the open market – unlike other property moveable or immoveable determination of market value of gold did not pose any difficulty as the sasem was fixed by gold market on daily basis and was readily exchangeable for case – wife was entitled to recovery of 17 toals gold ornaments or in the alternative its current market value – appeal was allowed accordingly

2013 SCMR 1049