In appropriate cases, learned Family Courts to consider principle of appreciation in value of certain dowry articles: In present case, alternate value of car given in dowry was fixed as Rs.2,285,000/- by the learned Appellate Court below

 In appropriate cases, learned Family Courts to consider principle of appreciation in value of certain dowry articles: In present case, alternate value of car given in dowry was fixed as Rs.2,285,000/- by the learned Appellate Court below that is the amount, which was paid by the father of respondent No.3 when the car was booked in the year 2017, when the marriage of respondent No.3 with the petitioner took place. This Court is of the view that primarily a suit for the return of dowry articles, whenever decided, is decreed by the Courts as such with the observation that in case of failure, on part of the judgment-debtor, to return the said articles, as an alternate, the amount equivalent to the price of dowry articles is ordered to be paid and while determining the alternate value of the dowry articles, the Courts consider the depreciation of most of the dowry articles on account of normal and natural wear and tear thereof that takes place over the passage of time since marriage of the parties. The rationale underlying the application of principle of depreciation is that the dowry articles are to be returned in their current position and if the same is not done, their price is to be paid as an alternate and since most of the value of dowry articles put to use during the subsistence of marriage do undergo depreciation on account of said daily use, therefore, while determining the alternate price, it is justifiable that the depreciation in value of such articles is to be taken into account. However, one cannot lose sight of the fact that there may be some articles forming part of the dowry, for instance, the gold ornaments or the vehicles or even few electrical appliances etc., value whereof may appreciate over the years. The car, in the instant case is such an article. Therefore, the learned Appellate Court below erred in not considering the appreciation in the value of the car while fixing/determining the alternate price thereof inasmuch as this is common knowledge that value of Pak Rupees has depreciated over the number of years and the value of new as well as used vehicles, like the car in instant case, is on continuous rise. Therefore, awarding amount spent on purchase of the car in the year 2017 is not justified and respondent No.3 is held entitled to recover the market value of the car as on date of realization of the decree.

WP Family.57778/22
Muhammad Afzal Vs ADJ etc
Mr. Justice Anwaar Hussain
26-04-2023
2023 LHC 2845