Law:

Section:

Summary:

The Supreme Court dismissed the Civil Petition for Leave to Appeal and upheld the Lahore High Court’s decision which allowed the recovery of seven tolas of gold or its current market value as dower. The Court affirmed that where a decree provides alternate relief, the decree-holder can choose the more beneficial option. It rejected the petitioner’s contention that entitlement was limited to Rs. 100,000 only, reinforcing that the executing court’s order was lawful and consistent with settled legal principles.

Core Points:

• The Family Suit decree entitled respondent to recover seven tolas of gold or Rs. 100,000 as alternate dower.
• Appeals regarding the decree were dismissed on grounds that dower was Rs. 100,000, but this did not exclude the alternative gold option.
• Execution court ordered recovery of gold or its market value.
• Revision court restricted the entitlement to Rs. 100,000 only, holding gold was in lieu of this sum.
• Lahore High Court reversed the revision, affirming entitlement to gold or its current market value.
• The respondent’s amendment of execution petition adding Rs. 100,000 was made under objection, not as waiver of gold claim.
• Supreme Court confirmed principle from Haji Muhammad Nawaz that executing court can direct payment at current market rate if gold ornaments are not returned.
• Constitutional courts have limited supervisory jurisdiction and do not reappraise factual findings of trial and appellate courts.
• The Petition for Leave to Appeal was dismissed as the High Court’s judgment was well-reasoned and lawful.

Law and Section:

JUDGMENT