SHAFQAT ALI vs MST — 2026 SCMR 494 SUPREME-COURT

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SHAFQAT ALI VS MST. ZAIB UN NISA. Section 5, Schedule---Family Courts Act, 1964---Suit for recovery of dower---Decree to the extent of entitlement to Rs.100,000---Executing Court ordering recovery of gold ornaments at current market value---Legality---Scope. Respondent No.1 filed a suit before the Family Court for recovery of dower, dowry articles and maintenance of minor, which was decreed while declaring her entitled to seven tolas of gold or, in the alternative, Rs.100,000/- as dower. During execution proceedings, the Family Court ordered recovery of either seven tolas of gold or its current market value. The petitioner/husband challenged the execution order in revision before the District Court, which allowed the revision petition holding that the entitlement of respondent No.1 was confined only to Rs.100,000/-. In constitutional petition filed by the respondent/wife, the High Court set aside the revisional order and restored the execution order passed by the Family Court holding that the wife was entitled to recover either the gold or its prevailing market value. The petitioner/husband filed the present civil petition before the Supreme Court raising the question whether the decree entitling the respondent/wife to seven tolas of gold or alternatively Rs.100,000/- limited recovery to the fixed amount or permitted recovery of the current market value of gold when return in specie was not possible. Held: The High Court correctly appreciated the scope of the judgment and decree, the conduct of the parties and the settled principle that where a decree expressly provides alternate modes of satisfaction, the decree-holder retains the liberty to exercise her choice. The contention that respondent No.1 voluntarily sought amendment during execution proceedings was misconceived. The order passed by the Executing Court made it evident that the amendment was merely addition of Rs.100,000/- in consequence of the objection raised by the petitioner and did not in any manner delete, relinquish or substitute the original stipulation of seven tolas of gold. An Executing Court could direct payment of the current market value of gold ornaments if their return in specie was not possible. The impugned judgment neither suffered from any legal error nor reflected any perversity or misapplication of settled law. Rather, it reinforced the principle that the Court must give effect to the true intent underlying the decree and the contract from which it flowed. The impugned judgment was well-reasoned and based on proper appreciation of facts and law. No illegality, perversity, misreading or non-reading of evidence was found in the impugned judgment. Accordingly, the instant petition was dismissed and leave to appeal was refused.

SHAFQAT ALI vs MST — 2026 SCMR 494 SUPREME-COURT

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