Recovery of Dowry Article 2012 PLD 165 Case Laws, Section 5 & Sched.—Constitution, of Pakistan, Art. 199—Constitutional petition— dowry articles, recovery of —-Amount instead of articles—Suit for recovery of gold ornaments was decreed by Family Court in favour of wife—Family Court, while framing the decree, did not mention recovery of money in alternate of articles—During execution of decree, judgment debtor instead of delivering the gold ornaments preferred to pay value of ornaments as on the date of filing of suit—Validity—Judgment debtor had no option to insist that he be allowed to pay price of gold ornaments instead of delivering the same—Executing Court could not order determination of price of gold ornaments without finding that delivery of gold ornaments was not possible—Decree holder had throughout claimed return of her gold ornaments lying with judgment debtor—Decree holder was entitled to seek recovery of gold ornaments instead of their value which had given rise to the controversy on account of dispute as to the market rate applicable—If judgment debtor did not return gold ornaments but was allowed to make payment of an amount which was illusory, being not at all equivalent to the price of weight of gold ornaments that would result in gross injustice to decree holder—Judgment debtor was liable to return the gold ornaments or gold of that weight to decree holder failing which he would make payment of the price as would fetch equal weight of gold at the time of payment subject to adjustment or return of any money paid during execution proceedings by judgment debtor to decree holder—Petition was allowed accordingly.
Recovery of Dowry Article 2012 PLD 165 Case Laws
