Suit for recovery of dowry articles

It has been observed in the case reported as “Muhammad Anwar and another v. Additional District Judge, Lahore(Miss Uzma Akhtar Chughtai) and 2 others”(2003 YLR 365) as under:- 

“Term ‘party’--- Connotation—Term ‘party’ is not confined only to the spouses but its meanings are wider in sense—If there is a suit for recovery of dowry articles and the dowry articles are in the custody of father of husband then even in lifetime of the husband, his father may also be impleaded as a party as the presence of the father may be considered necessary for a proper decision of the dispute. Since the dowry articles are exclusively in the ownership of wife and same are also recoverable even after the death of the husband then whosoever in possession of such articles may be impleaded as a party as due to the death of the husband the responsibility of the legal heirs for return of dowry articles is not vanished---When the suit for recovery of dowry articles is within exclusive jurisdiction of Family Court, it is to be finally disposed of by the Family Court.” 

Part Of Judgment
Lahore High Court
Writ Petition-Family-Maintenance
1216-17
2017 LHC 2413

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