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Stereo. H C J D A. 38

JUDGMENT SHEET

IN THE LAHORE HIGH COURT, BAHAWALPUR BENCH, BAHAWALPUR.

JUDICIAL DEPARTMENT
Writ Petition No.7436 of 2016
MEHNAZ BIBI Versus Additional District Judge, etc.
Date of Hearing 15.03.2017.
Petitioner (Mehnaz Bibi) by Mr. Waqar Nawaz Khan Sehole, Advocate.
Respondent No.3 by Nemo.

JUDGMENT

TARIQ IFTIKHAR AHMAD, J.:- Despite personal service

respondent No.3 has not turned up and as such he is proceeded

against ex parte.

2. Through this Constitutional petition, the petitioner has

challenged judgment and decree dated 27.11.2015 and 27.06.2016

passed by the learned courts below.

3. Quintessence of facts as charred from the relevant plaint are

that petitioner preferred a suit for recovery of maintenance

allowance, dower total description of which is duly mentioned in the

headnote of the plaint and dowry articles or its price to the tune of

Rs. 690,317/- against respondent No.3 (Hereinafter called the

respondent). When petitioner raised demand for payment of dower

the matrimonial issues culminated into litigation by filing of the

above-said suit before the competent court of law. The lis was

contested thereto, after framing consolidated issues, considering

divergent pleadings of parties decreed the suit for recovery of dowry

articles to the tune of Rs.250,000/-, dower as per entry in Nikah-

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Nama and Rs.3000/- per month as maintenance allowance from the

date of institution of suit. On the other hand, suit for restitution of

conjugal rights filed by the respondent was decreed subject to

payment of dower and maintenance allowance vide consolidated

judgment and decree dated 27.11.2015. Against this, preferred

appeal by the petitioner, whereto said court maintained judgment of

learned Judge Family Court whereas maintenance allowance

Rs.3000/- per month was enhanced to the tune of Rs.5000/- per

month from the date of institution of suit.

4. Learned counsel for the petitioner contends that the

judgments impugned are suffering with legal defects and conclusion

drawn in relation to grant claim of dowry articles is erroneous.

Further contends that sufficient evidence was adduced but the

courts below have not properly appreciated the same while passing

the judgments and decrees impugned.

5. Having given prime consideration to the submissions made by

learned counsel for the petitioner and minutely scanned the

evidence appended with this petition; the issue which under

discussion is about dowry articles. According to the petitioner’s claim

for dowry articles or its price Rs.690,317/- was fully proved by her

through evidence, thus, the main focus of this judgment is “dowry

articles”.

6. It is transparent from the pleadings of the parties that dowry

articles were also given at the time of marriage. Muhammad Ramzan

(PW-2) and Abdul Majeed (PW-3) also corroborated the stance of

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petitioner and endorsed this element that dowry articles were given

at the time of marriage. Thus, keeping in view the facts and

circumstances both the learned courts below have rightly reached to

the conclusion in granting decree for recovery of dowry articles or

alternatively its value to the tune of Rs.250,000/- to which no

exceptions can be taken.

Though the evidence is adduced to prove that dowry articles

recovery whereof claimed had been delivered but these were not

proved to the extent as contended by the petitioner. The evidence of

the respondent also has its consequences on the merits of

petitioner’s case viz-a-viz claim of dowry articles. Thus, I do not see

that courts below have committed no illegality or material

irregularity while passing the impugned judgments and decrees.

7. Writ Petition being devoid of force stands dismissed with no

order as to costs.

8. Having experience that there is legal and social problems in

respect of dowry articles, I consider it appropriate to record my

observations as follows:

In order to threshing the term dowry which had been a subject

in numerous petitions before this Court, to comment upon the above

terms, first, it is appropriate to consider the term “dowry” which has

become as emblem of dignity of our society, while arranging

marriage tie between the parties. It is better and essential to have

glimpse over the origin of word “dowry” which is as under:

“The term dowry or dote (dos mulieris) was in ancient time

applied to that which the wife brings her husband in marriage;

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otherwise called maritagium or marriage goods; but these are

termed more properly goods given in marriage”.

Locally dowry is called dahej in Hindi, Jehaz in Urdu and Arabic,

Joutuk in Bangali, Jiazhuang in Mandarin, ceyiz in Turkish, dot in

French, “daijo” in Nepali, and in various parts of Africa as serotwana.

A dowry is the transfer of parental property to a daughter at her

marriage (i.e. inter vivos’) rather than at the owner’s death (mortis

causa).

A dowry establishes a type of conjugal fund, the nature of

which may vary widely. This fund may provide an element of financial

security in widowhood or against a negligent husband, and may

eventually go to provide for her children.

9. It goes without saying that this menace of dowry has become a

social threat in modern Pakistan leading to the oppression on

women, physical violence on the brides, causing a financial and

emotional stress on the parents of the brides, marital conflicts and so

on. This dogmas should be removed and shackled with iron hand at

gross root level and should be uprooted to maintain serene and

harmony in the society, because in the present era it exists even

today in our society.

10. Successive governments in independent Pakistan have

retained most of the laws we inherited from the British without

much amendments. Hence, today unfortunately personal laws are

different in Pakistan depending on which religion the person belongs

to. For Muslim women and Christian women the rights are even less.

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I propose a simple solution to practically end and to resolve

this legal and social problem in our society. There should a law which

would state that upon marriage, all things relating to marriage i.e.

dowry should be duly incorporated in the columns of Nikah Nama so

that the miseries and obstacles of the female litigants should be

curbed down in future and providing a strong and concrete social and

legal set up. The pros and corns of this law can be debated upon, but

I am pretty sure that this incorporation in the columns of Nikah

Nama, if implemented, by the legislature would be more effective in

eradicating the problems of dowry issues in Courts as well as in the

society.

11. Brides should also be educated and well informed about the

negative impacts of dowry and should be taught that they can lead a

better life with more independence and happiness. They should also

make bold moves towards exposing families demanding dowry using

the help of legal system, at the same time the legal system should be

made more accommodative to make the brides and their family

members confortable.

12. Let a copy of this judgment be sent to the Secretary Law,

Government of Punjab, to move the concerned quarters for carrying

out requisite legislation at the earliest.

(Tariq Iftikhar Ahmad)

Judge.

APPROVED FOR REPORTING.

A.D. Mian*

W.P. # 7436-16