Law:

Section:

Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)-------Ss. 3, 5 & 8-A---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dowry articles---Contention of husband was that dowry articles had been returned to the wife---Validity---No evidence was produced to prove receipt of dowry articles by wife or her relatives---Both the courts below had discussed the evidence produced by the husband minutely and had reached to a right conclusion---Husband had failed to substantiate the delivery of dowry articles to the wife---No restriction existed for the parents to give dowry or bridal gifts for more than Rs.5000---If parents had given dowry articles for more than the said amount then same would remain the property of the bride and husband could not usurp the same on the ground that same had been given in violation of S.3(1) of Dowry and Bridal Gifts (Restriction) Act, 1976---Provisions of said Act would become redundant once the parents of the bride had given dowry articles for more than the amount mentioned in S.3(1) of Dowry and Bridal Gifts (Restriction) Act, 1976---Dowry and bridal gifts given to the bride should remain her property---No complaint had been made by the husband to the relevant authority under S.8-A of Dowry and Bridal Gifts (Restriction) Act, 1976---Impugned s and decrees passed by the courts below were in accordance with law---Constitutional petition was dismissed in circumstances. Muhammad Tazeeel v. Mst. Khair un Nisa 1995 SCMR 885 and Masud Sarwar v. Farah Deeba 1988 CLC 1546 rel. JUDGMENT SHEZADA MAZHAR. J.--- Through this Constitutional petition, the petitioner has challenged the judgment and decree dated 9-7-2007 passed by the learned Judge Family Court, Mandi Bahauddin whereby suit filed by respondent No.3 was decreed, against which an appeal was preferred by the petitioner, which was modified vide impugned judgments and decree dated 7-3-2008 passed by the learned Additional District Judge, Mandi Bahauddin. 2. Briefly the facts giving rise to the filing of present writ petition are that respondent No.3 filed a suit for maintenance allowance and recovery of dowry articles against the petitioner, which…

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