Presumption of the delivery of Dowry articles attached to rukhsati---In an arranged marriage and in line with customs which are deeply rooted and entrenched in the society, ..................

 2023 MLD 51

Presumption of the delivery of Dowry articles attached to rukhsati---In an arranged marriage and in line with customs which are deeply rooted and entrenched in the society, parents whether rich or poor always give Dowry to their daughters at the time of marriage, so delivery of Dowry articles can be presumed if Rukhsati takes place

Presumptions as to large family and a Pathan family are gratuitous/legally unwarranted and hence anathema--- No constitutional/statutory dispensation in force recognizes such presumptions to defeat the return of Dowry articles---In presence of the fact that Rukhsati took place, the delivery of Dowry articles ought to have been presumed as per law

S. 5, Sched.--- Dowry --- Suit for recovery of past/future maintenance, delivery expenses and return of Dowry articles---Petitioner/wife alleged that due to the cruelty of respondent/husband she was compelled to leave his place and live with her parents where minor daughter was born---Petitioners' suit was partially decreed entitling wife to receive maintenance for her Iddat period only and delivery expenses, and minor was awarded past and future maintenance allowance since her birth---Petitioner's claim for past maintenance and return of Dowry articles was concurrently dismissed in totality---Held, that for proving herself entitled to the recovery of past maintenance, petitioner could not prove the fact that she had been compelled to leave the house of respondent on account of cruelty---While rejecting the petitioner's claim as to return of Dowry articles Trial Court observed that since petitioner was twelve siblings, Dowry articles could not have been given to her by her parents---Such observation of the Trial Court was questionable/unwarranted and having no basis in law---If Rukhsati took place (and which did take place) then giving of Dowry articles was presumed which was also trite and acknowledged---Petitioner had specifically taken the plea about Dowry articles and had relied on a list filed along with her plaint pertaining to Dowry articles valuing Rs.4,23,526/- to be recovered---Petitioner also appeared as witness and her testimony could not be shattered as such during cross-examination---Appellate court committed the cardinal mistake of basing its decision on a questionable/bald presumption that 'Pathan' families would not give Dowry articles to their daughters'---No legal benchmark/yardstick existed which explained that Pathans would not give Dowry articles to their daughters---Such was an absolutely irrelevant consideration---Trial Court did not attach any importance to the deposition of petitioner and her father as to purchasing of Dowry articles and brushed aside without much ado---High Court partially allowed the Constitutional petition and deemed the question of return of Dowry articles pending before Family Court and directed that the same to be decided in view of evidence on record and not on the basis of said presumptions