2023 S C M R 153
Family Courts Act ( XXXV of 1964 ) ---
--- Ss . 5 , Sched . & 17 --- Oaths Act ( X of 1873 ) , S. 11 --- Recovery of dower and dowry articles --- Wife taking special oath in regard to dower against husband offering to be bound by oath --- In the present case the and dowry articles upon offer made by husband --- Evidence conclusive husband - petitioner filed an application for special oath which was accepted by the wife - respondent and the special oath was taken in the mode and manner proposed by the petitioner --- Due to the mutuality of the promise between the parties , the party making an offer has no right to resile from it after the offer is accepted and the special oath is taken --- In the absence of any such satisfactory or sufficient cause the Court is obligated to implement the agreement and to record the statement of the party concerned to make a decision in the case accordingly --- Petitioner could not wriggle out or withdraw his offer which was given by him voluntarily before the Family Court and the same was acted upon according to his will --- Petition for leave to appeal was dismissed and leave was refused .
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