Recovery of Dowry Articles 2004 PLD 249 LHC Case Laws, Section 5, Schedule & 13 Constitution of Pakistan (1973), Art.199–Constitutional petition—Suit for recovery of dowry articles or in alternative price thereof —Defendant’s plea was that plaintiff was not given any dowry at the time of marriage—Suit was decreed as prayed for—Executing Court through Local Commission found restitution of such articles impossible, thus, directed the recovery price thereof –Defendant’s plea was that such direction was without jurisdiction as decree did not find mention of money payable by him in the alternative–Validity—Words “as prayed for” were important, which had to be read in conjunction with prayer clause of the plaint, wherein while seeking decree for recovery of dowry articles , prayer in alternative for price thereof had been made—Local Commissioner’s report showed that most of such articles were either-missing or destroyed or damaged, while some did not belong to the plaintiff—Defendant had produced some articles before the Local Commission of fering delivery thereof , but plaintiff had refused to accept same for not being articles under claim–Plea raised in written statement was that the defendant had no intention to part with any article of dowry belonging to plaintiff–Appointment of Local Commission was for satisfaction of defendant, though there was no need of its appointment after defendant having once denied to be in possession of any dowry articles Executing Court had, thus, rightly directed defendant to pay cost/value of dowry articles —High Court dismissed Constitutional petition in limine.
Recovery of Dowry Articles 2004 PLD 249 LHC Case Laws
