Recovery of Dowry Articles 1995 MLD 1149 LHC Case Laws

Recovery of Dowry Articles 1995 MLD 1149 LHC Case Laws, West Pakistan Family Court Act 1964 —-S.5 & Sched.—Recovery of amount of dowry —Suit for—Plaintiff-wife filed suit for recovery of amount of dowry articles against defendant-husband alleging that disputed articles were given to her by her parents and defendant had deprived her of said articles and threw her out of his house and later on had divorced her—Claim of plaintiff wife was supported by witnesses who had named articles and had also worked out value thereof and had stated that defendant had divorced plaintiff and that disputed dowry articles had not been returned to her despite a demand was made by plaintiff-wife in that respect–Credibility of witnesses was not shaken despite cross-examination to which they were subjected, but Trial Court disbelieved them simply on ground that they were close relatives of plaintiff-wife and that they had not purchased articles in question themselves—That could not form a valid basis to discredit witnesses whose testimony inspired confidence—Even otherwise near relatives were best witnesses to depose as to what articles were given to plaintiff-wife in dowery —Merely because witnesses did not purchase articles in question, would pot show that they were not witnesses of articles being passed out to plaintiff- wife at time of marriage—Plaintiff-wife having already been divorced and there being nothing on record to show that she had received any benefits during subsistence of marriage, it would be rather cruel to deny her articles given by her parents at time of marriage in her marriage.

Leave a Comment

Your email address will not be published. Required fields are marked *