Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Suit for recovery of dower, dowry articles and maintenance allowance---Entries in Nikahnama---Scope---Defendant claimed that Rukhsati had not taken place/husband contended that he had already paid cash and gold ornaments to the plaintiff in lieu of dower and property mentioned in nikahnama was not part of dower rather petitioner paid amount to previous owner of property and had got transferred in the name of plaintiff/wife---Wife contended that Rukhsati took place and she performed her matrimonial obligation so she was entitled for benefits mentioned in Nikahnama in lieu of dower---Validity---Record showed that wife appeared as witness and categorically stated that Rukhsati had taken place and got recorded details of the ceremony , she also produced marriage registration certificate and photograph of the spouses---Plaintiff also produced a witness who concurred the version of the plaintiff, both witnesses were thoroughly cross-examinated, however, they remained consistent---On the contrary, defendant though claimed that Rukhsati did not take place but he failed to produce any evidence on record rather his own witness conceded that neither he had any knowledge of family life of the defendant nor Rukhsati, thus, it was established that after Nikah, Rukhsati had taken place---Brother of the plaintiff appeared and deposed that he along with his mother purchased dowry articles and plaintiff also produced receipts of purchase in documentary evidence, thus, Family Court rightly decreed the dowry articles in favour of plaintiff---Plaintiff had appeared herself as a witness to support her claim---Defendant had not denied that plot was fixed in lieu of dower, however, he had deposed that land/house fixed in lieu of dower had been transferred in favour of plaintiff along with cash and gold ornaments---Record revealed that record keeper was produced as a court witness who deposed that respondent/plaintiff purchased the property in question and that petitioner/ defendant never approached him--- Held, cash, gold ornaments and property as per contents of Nikahnama were fixed in consideration for marriage---No…

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