“Taking up the issue of dowry articles, again the
evidence of the appellant was neither contradicted
nor rebutted and the list of article as well as value
of the articles shown in it must be accepted on its
face value. Indeed reasons recorded by the trial
Court in this behalf do not appeal to mind and
assessment of value of the articles shown in it
must be accepted on its face value. Indeed reasons
recorded by the trial Court in this behalf do not
appeal to mind and assessment of value of the
articles in the sum of Rs.4,00,000 appears to be
artificial, whimsical and arbitrary. On the other
hand calculation made by the appellate Court
accepting the claim of the appellant in the sum of
Rs.9,55,038 is evidently justified and warranted by
law. It was none of the business of the High Court in writ jurisdiction to substitute its own findings
for the findings recorded by the court of appeal
after due appraisal of evidence. We would,
therefore, set aside the judgment of the High
Court as well as that of the Family Court
decreeing the suit in the sum of Rs.4,00,000 and
restore the judgment of the appellate Court
accepting the claim of the appellant, as pleaded in
the suit.”
PLD 2006 Supreme Court 457
WP- Family Law
5855-13
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