- Execution of decree for return of dowry articles --- Alternate price of dowry articles awarded -- Petitioner ( wife ) filed execution petition before Trial Court against respondent ( husband )..............

 2022 MLD 2077

Family Courts Act ( XXXV of 1964 ) --- --- S.5 , Sched .--- Execution of decree for return of dowry articles --- Alternate price of dowry articles awarded -- Petitioner ( wife ) filed execution petition before Trial Court against respondent ( husband ) ; during the execution proceedings petitioner took stance that she was not ready to receive dowry articles , rather she was willing to receive the alternate price of said articles but Trial / Executing Court directed the petitioner to receive the dowry articles as per list annexed --- Validity --- Record revealed that during proceedings of the execution petition the decree holder refused to receive the gold ornaments on the ground that same was not pure -- Judgement debtor gave an undertaking before the Executing Court to pay alternate price of gold ornaments to the extent of seven tolas and later on respondent paid the price of the said gold ornaments to the decree holder which was clear indication of the fact that judgement debtor had accepted the claim of decree holder to that extent --- During the proceedings of the execution petition , petitioner took a specific stance that her dowry articles were replaced with the original one and she claimed the price of said articles as alternative --- Petitioner left the house of respondent in the year 2001 and never joined the respondent again and since then petitioner had not used the said dowry articles , rather , respondent had been using the dowry articles --- Trial Court did not consider the worst condition of dowry articles ,rather , directed the petitioner to receive all the dowry articles as per list annexed with the case in hand --- In these circumstances , High Court had reason to believe that observation of Trial Court in the impugned order that alternate price could not be paid to the petitioner , rather , she was entitled to receive all the dowry articles as per list annexed with the case in hand , was not in accordance with the law , especially when the petitioner took a specific stance before the Executing Court that her dowry articles were replaced by the respondent with the original one and that respondent had also paid the price of the gold ornaments to the petitioner --- Order passed by Trial Court was set aside to the extent of observation of Executing Court , where by , petitioner was directed to receive the list annexed with the file and dowry articles as per declined the claim of the petitioner to hand over its alternate price.