HAMEED ULLAH KHAN vs ADDITIONAL DISTRICT JUDGE, MIANWALI S — 2022 YLR 2157 LAHORE-HIGH-COURT-LAHORE

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HAMEED ULLAH KHAN VS ADDITIONAL DISTRICT JUDGE, MIANWALI S.5, Sched.---Failure to prove period of desertion---List of dowry articles---Items of daily usage---Wear and tear of dowry articles---Suit for recovery of maintenance allowance, delivery expenses and dowry articles instituted by respondent/wife and minor against petitioner/husband had been decreed, whereas, custody petition filed by petitioner had been dismissed---Accepting appeal preferred by respondents they had also been held entitled to recovery of gold ornaments and delivery expense---Held, decrees were passed by Family Court and Appellate court showed that respondents without ascertaining the duration of marriage and wear and tear of dowry articles---Finding of Family Court was not only erroneous but also against the law as a bare perusal exhibit would show that most of items were of daily use and consumed with passage of time---Without any cogent reason respondent had been held entitled to recovery of gold ornaments despite the fact that she had failed to prove that when she was deserted by petitioner, gold ornaments were snatched from her or she was given those ornaments at the time of her marriage---Courts below erred in law by not considering the duration of marriage, the nature of dowry articles and its wear and tear---Appellate court without any proof of respondent (wife) had entitled her to gold ornaments---Impugned judgments and decrees passed by both learned Courts to the extent of recovery of dowry articles and gold ornaments were modified accordingly---As regards the alternate value of dowry articles, since most of articles were of daily use and were consumed due to duration of marriage which lasted for about 5 years decree was modified---As regards of gold ornaments the judgment and decree passed by appellate Court was set aside---Petition was allowed.

HAMEED ULLAH KHAN vs ADDITIONAL DISTRICT JUDGE, MIANWALI S — 2022 YLR 2157 LAHORE-HIGH-COURT-LAHORE

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