Case Details

Citation(s)
1995 SLG 739 1995 SLD 739 1995 SCMR 885
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 419 of 1994, decision dated: 2nd November. 1994.
SAAD SAOOD, JAN, ZIA MAHMOOD MIRZA AND IRSHAD HASAN KHAN, JJ
Pir Altaf Hussain, Advocate Supreme Court and Khan Imtiaz M. Khan, Advocate on-Record. Nemo

MUHAMMAD TAZEEL

VS

Mst. KHAIR UN NISA

Law:

Section:

Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976) Ss. 3, 8 & 9 Constitution of Pakistan 1973, Art. 185(3) Suit for recovery of dowry articles decreed by Trial Court in favour of wife, was maintained up to the High Court Validity Violation of provisions of Ss. 3, 8 & 9, Dowry and Bridal Gifts (Restriction) Act, 1976, was stressed for the first time before Supreme Court in support of petition for leave to appeal Such plea was never raised by husband before any of the Courts below and was being raised for the first time in order to deprive wife of her property Appropriate Authority having not lodged any complaint within prescribed period and husband having not objected to at the time of wife's Rukhsati when her dowry articles were being taken to his house with regard to valuation of those articles or violation of S. 3 of the Dowry and Bridal (Restriction) Act, 1976 he would not be entitled now to contend that she should not be allowed to take them back or receive their price on violation of S. 3 of the Act had taken place Such plea being dishonest one, could not be countenanced List of articles of dowry would not become inadmissible in evidence merely because copy thereof, was not handed over to Nikah Registrar Interference was not warranted with findings of fact recorded by Courts below on pleas raised by husband Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J. This is a petition for special leave to appeal from the judgment dated 6 7 1994 of the Lahore High Court, dismissing the civil revision petition filed by the petitioner. 2. The petitioner married the respondent on 16 5 1976. The marriage did not prove to be a success and on a suit filed by the respondent the Family Judge, Rawalpindi, passed a decree in her favour for the dissolution thereof. 3. On 26 6 1989 the respondent filed a suit for the recovery of her dowry articles or, in the alternative, for a decree in the sum of Rs.24,000 which represented the value of the articles. She stated that the petitioner had forcibly thrown her out of his house and had kept back her dowry articles which were given to her at the time of her marriage. The suit was resisted by the…
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