PLD 2023 Lahore 669.

 Suit for recovery of dowry articles --- Alternate price of dowry articles --- Appreciation of value of dowry , articles --- Scope --- Husband's ( petitioner ) case was that there was no evidence that the car was given at the time of marriage as part of the , dowry and that the Appellate Court had wrongly decreed the suit --- Wife's ( respondent ) case was that alternate price of the car had not been properly determined / ascertained by the Appellate Court and the prayer was made for award of current market value of the car and not the date on which it was given --- Validity --- In case of articles such as the car , while determining / ascertaining amount of money as an alternate price , the principle of appreciation should be kept in mind inasmuch as if the principle of depreciation is to be considered with respect to one set of the dowry articles such as furniture , etc. , which involves depreciation of articles on account of wear and tear , the principle of appreciation must also be taken into account with respect to such other articles that involve increase in value --- Failure to do so would not only by iniquitous but would also put premium on the unlawful retention of such dowry articles by the husband even after the dissolution of marriage or demand for return of the same by the wife Wife was held entitled to recover the market value of the car as on the date of realization of the decree