27/09/2025
Suit for recovery of dowry articles--Witness who appeared on behalf of wife categorically stated that dowry articles were given by her parents at the time of her marriage but witness was not cross-examined
In the absence of cross-examination on the question of dowry articles, the statement of said witness was to be presumed to be true which corroborated the evidence of wife.
Supreme Court observed that giving dowry articles to daughters was in line with custom/tradition and practices which were deeply rooted in the society and were followed by parents of all classes irrespective of their financial status.
Suit for recovery of dowry articles had been rightly decreed.
Petition for leave to appeal was dismissed accordingly.
2017 S C M R 393
[Supreme Court of Pakistan]
Present: Anwar Zaheer Jamali, C.J., Umar Ata Bandial and Ijaz ul Ahsan, JJ
SHAFIQUE SULTAN---Petitioner
Versus
Mst. ASMA FIRDOUS and others---Respondents
Civil Petition No. 1855-L of 2014, decided on 9th August, 2016.
(Against judgment dated 13.10.2014 of Lahore High Court, Lahore, passed in Writ Petition No. 14221 of 2010)
(a) Family Courts Act (###V of 1964)---
S. 5, Sched.---Suit for recovery of dowry articles---Husband denying that dowry articles were ever given to wife--Proof.
Wife appeared as a witness and gave details of dowry articles and placed her affidavit on record.
Wife was subjected to lengthy cross-examination but nothing helpful to the husband could be brought on record.
Witness who appeared on behalf of wife categorically stated that dowry articles were given by her parents at the time of her marriage.
Said witness was not cross-examined on such point.
In the absence of cross-examination on the question of dowry articles, the statement of said witness was to be presumed to be true which corroborated the evidence of wife.
Other than denying delivery of dowry articles, the husband did not produce any evidence of any nature to substantiate his position.
Furthermore, the list of dowry articles provided by wife consisted of articles of daily use which were generally given to brides at the time of their marriages.
Said list did not contain any article(s) which may be termed as extravagate or beyond the financial resources of the wife's family.
Supreme Court observed that giving dowry articles to daughters was in line with custom/tradition and practices which were deeply rooted in the society and were followed by parents of all classes irrespective of their financial status.
Suit for recovery of dowry articles had been rightly decreed.
Petition for leave to appeal was dismissed accordingly.
(b) Family Courts Act (###V of 1964)---
S. 5, Sched.---Suit for recovery of dowry articles---Depreciation in value of dowry articles.
Scope---Trial Court decreed the suit to the extent of 65% of the value of dowry articles claimed by the wife on the ground that the marriage lasted 6-1/2 years and the value of the dowry articles underwent depreciation on account of use--Propriety.
Such careful and circumspect approach showed due application of mind by the Trial Court and was duly supported by the case record.
uit for recovery of dowry articles had been rightly decreed.
Petition for leave to appeal was dismissed accordingly.
(c) Family Courts Act (###V of 1964)---
S. 5, Sched. & S. 17---Qanun-e-Shahadat (10 of 1984)---Suit for recovery of dowry articles---Proof.
Receipts of dowry articles--- Provisions of Qanun-e-Shahadat, 1984 were not stricto sensu applicable to family matters, as such, the argument of the husband in the present case regarding proof of receipts and the effects of non-production of authors of such receipts was misconceived.
Suit for recovery of dowry articles had been rightly decreed.
Petition for leave to appeal was dismissed accordingly.
