Thursday 14 June 2012

Transfer of dowry articles in the eyes of law

Citation Name : 2010 MLD 1997 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD ASIF
Side Opponent : ADDITIONAL DISTRICT JUDGE 2
S. 5 & Sched.—Constitution of Pakistan (1973), Art.199—Constitutional petition–-Suit for recovery of dowry articles or in lieu of its value of Rs.1,050,500—Defendant contested suit and filed written statement—Trial Court decreed suit as per list of dowry articles or in alternative its value to the sum of Rs.700,000—Appellate Court, on appeals, filed by both the parties, dismissed the appeal filed by defendant while partly allowed the one filed by the plaintiff—Plaintiff contended that dowry articles which were transferred to the defendant’s house were in three intervals; out of which two transfers of dowry articles were admitted by defendant–-Validity–-Number of articles given by plaintiff had been admitted by defendant on basis of which Trial Court passed judgment and decree and subsequently on appeals filed by both parties, defendant’s appeal was dismissed whereas appeal filed by plaintiff was partially accepted and amount of dowry articles were enhanced after appreciating evidence of parties on record—Constitutional petition by defendant was dismissed by High Court in circumstances.

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