Citation Name : 2013 PLD 11 ISLAMABAD Side Appellant : Mst. MIRRAT MANZOOR BAJWA Side Opponent : ADDITIONAL DISTRICT JUDGE, ISLAMABAD S. 5 Sched. & S.17---Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), Ss. 2(b) & 10---Dowry and Bridal Gifts (Restriction) Rules, 1976, R.4---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dowry articles---Rule of thumb---Applicability---List of dowry articles produced in evidence by both parties in support of their respective claim---Decree passed by Family Court on basis of such list produced by husband upheld by Appellate Court---Wifes plea that rule of thumb would apply to proceedings before Family Court and not provisions of Qanun-e-Shahadat, 1984 or its principles, thus, receipts in respect of purchase of dowry articles produced by her were liable to be relied upon by courts below---Validity---Wife in her statement had admitted that such list was not prepared at time of her Nikah, while her father had deposed otherwise---Rule of thumb would not absolve a party from establishing his/her claim---Party denying liability, on basis of such rule, could not be burdened to shoulder claim of opposite party without its proof---Dowry list produced by wife was not prepared in shape of Form D-1 as prescribed in R.4(1) of Dowry and Bridal Gifts (Restriction) Rules, 1976, therefore same was not to be considered in support of her claim---Receipts in respect of purchase of household articles on basis of rule of thumb, would not qualify and meet essential requirement of proof of purchase of said articles by parents of wife and its giving to her before or after marriage---High Court dismissed constitutional petition in circumstances.
Posted on: Sun, 10 Nov 2013 16:45:16 +0000