Law: Family Courts Act, 1964

Section: XXXV,5

Law: Muslim Family Laws Ordinance, 1961

Section: VII

(a) Family Courts Act (XXXV of 1964)------S. 5, Sched.---Suit for recovery of dower, dowry articles and maintenance allowance---Decree in favour of wife---Interpretation of dower clause in execution proceedings---Interpretation and scope of execution vis-a-vis the original decree--Executing Court travelling beyond the original decree---Petitioner (wife) claimed recovery of either 07-tola gold ornaments or their present market value which was accepted by the Executing Court---Respondent challenged order of Executing Court, whereby, the Appellate Court reversed the Executing Court's order by holding that petitioner was only entitled to Rs.100,000 as recorded in column No. 13 of nikahnama---Question for determination before High Court was as to whether the Executing Court was justified in allowing the petitioner to recover the present market value of 07-tola gold ornaments as dower, when the original decree granted her a choice between receiving the gold ornaments or Rs.100,000/- as alternate value settled in nikahnama---Held: Once it was proved that gold ornaments were given as dower and later taken back by the husband, the petitioner remained entitled to recover either the ornaments or their market value, hence, entry of Rs.100,000/- recorded in Column No.13 as dower became irrelevant---Petitioner was entitled to actual dower or its prevailing market value---Writ petition was allowed, in circumstances.(b) Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Suit for recovery of dower, dowry articles and maintenance allowance---Dower---Market value v. alternate value recorded in nikahnama--Petitioner (wife) not bound to accept fixed alternate amount in nikahnama--Entitlement to actual property or equivalent market value---High Court observed that alternate values in family suits are provided only for contingencies where the principal property (e.g., dowry/dower) is unavailable, damaged or lost---Where the property is clearly identifiable and available in the market (i.e., gold ornaments), the petitioner cannot be compelled to accept the nominal alternate value settled at time of nikah and/or decree---By no stretch of imagination, alternate value of Rs.100,000/-…