Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Suit for recovery of dowry--Return of dowry--Suit was partially decreed to recover her dowry as per list of dowry--In absence of dowry alternate value--Failed to deliver dowry, entitled to recover alternate amount--Validity--Justified in insisting upon being compensated in terms of money as her dowry on petitioner's own admission either does not exist or is in very bad condition--Petition was dismissed. THIS ORDER PASSED BY: MAMOON RASHID SHEIKH, JUSTICE MAIN CASE C.M. NO. 2/2013 The instant petition calls into question the judgment dated 16.11.2012 passed by the learned Addl. District Judge, Lahore (Respondent No. 1) and the orders dated 12.09.2012, 17.11.2012 and 12.12.2012 passed by the learned executing Court/Judge Family Court, Lahore (Respondent No. 2) in respect of the execution proceedings filed by Respondent No. 3 against the petitioner vis-a-vis the decrees dated 10.05.2011 & 16.11.2011 passed in favour of Respondent No. 3 in her suit for recovery of dowry. 2. The learned counsel for the petitioner submits that the parties were married but their marriage did not last with the result that Respondent No. 3 sued the petitioner for return of her dowry. Respondent No. 3's suit was partially decreed in her favour through the judgment and decree dated 10.05.2011 in that she was allowed to recover her dowry as per the list of dowry (Exh.P4) or Rs. 60,000/- in lieu thereof. The petitioner did not file an appeal against the decree dated 10.05.2011, however, upon Respondent No. 3's appeal the amount to be paid in lieu of dowry was enhanced from Rs. 60,000/- to Rs. 100,000/- by the learned appellate Court through the judgment and decree dated 16.11.2011. 3. Further submits that an execution petition was filed by Respondent No. 3 and during the course of proceedings therein the petitioner tried to handover to Respondent No. 3 her items of dowry, however, Respondent No. 3's father/attorney refused to receive back the dowry by stating that the items which the petitioner was trying to return to Respondent No. 3 were not part of Respondent No. 3's dowry but were some other items. The matter…

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