The suit for recovery of dowry articles was
decreed against the petitioner by the learned
Judge Family Court, Gujranwala. The appeal
filed by the petitioner was also dismissed by the
learned Additional District Judge, Gujranwala,.
Hon’ ble High Court dismissed the constitutional
petition and observed about Problematic and
Crucial social custom as under:-
“In Punjab we are confronted with
two diverse situations. One, in
which the parents are bounded by
the cruel custom obliging them to
give articles of dowry to their
daughters beyond their financial
capacity. From the day a girl takes
birth, her mother reserves a box
for her for depositing whatever the
articles of dowry she can stealthily
buy for this prospective bride. No
receipt regarding the purchase of
these articles is prepared or kept.
The other is the case of the real
wretched and downtrodden class
of the people who could not think
of preparing the articles of dowry
for their daughters at any cost.
They are too destitute to do it. The
day of their daughters marriage is
to be a day of hope and jubilation
when they can dream of wearing
proper clothes and feeding
themselves and their children
properly for a couple of days.
Definitely all the funds are to flow
from the groom, a well-to-do and
superannuated man, driving for his
second or 3rd marriage”
The court further observed:
In 99% cases, the plaintiff/wife
tells a lie that the list was prepared
at the time of marriage. In 01%
cases, she still insists that she is
not telling a lie. Insistence upon
production of the list that was
prepared at the time of marriage
so as to entitle a plaintiff for a
decree for the return of articles of
dowry would be pressuring her to
tell more lies
2013 MLD 939 Lahore