Recovery of Dowry Articles 2006 PLD 457 Case Laws, S. 5—Constitution of Pakistan (1973), Art.199—recovery of dowry articles List containing value of dowry articles —Affidavit attested by Pakistan Embassy abroad—Non-appearance of deponent—Wife filed suit for recovery of dowry articles valuing Rs.955,038 against her husband who was living abroad —Family Court relying on affidavit of husband duly attested by Pakistan Embassy and contents of written statement, partly decreed the suit to the extent of Rs.400,000—-Judgment and decree passed by Family Court was set aside by Appellate Court and the suit was decreed in favour of wife in the sum of Rs.955,038 but High Court in exercise of constitutional jurisdiction restored the judgment and decree passed by Family Court—Validity—Evidence of wife was neither contradicted nor rebutted and list of articles as well as value of articles shown in it must be accepted on its face value—Reasons recorded by Family Court did not appeal to Supreme Court and assessment of value of articles in the sum of Rs.400,000 appeared to be artificial, whimsical and arbitrary—On the other hand calculation made by Lower Appellate Court accepting claim of wife in the sum of Rs.955,038 was evidently justified and warranted by law—High Court in constitutional jurisdiction could not substitute its own findings for the findings recorded by Court of appeal after appraisal of evidence—Judgments passed by High Court as well as by Family Court were set aside and that of the Appellate Court was restored—Appeal was allowed.
Recovery of Dowry Articles 2006 PLD 457 Case Laws
