ALI AKBAR QURESHI, J.-- Petitioner is aggrieved of the judgment and decree dated 16-6-2008, passed by the learned appellate Court, whereby the decree passed by the learned trial Court of A Rs,190,000 in lieu of the dowry articles, was modified and the petitioner was held entitled to recover an amount of Rs,125,000.
2. Learned counsel for the petitioner contends that the learned appellate Court despite the fact that the petitioner has successfully proved the delivery of dowry articles, their possession with the respondent and dissolution of marriage of the petitioner after 5 or 6 days of the marriage, held entitled the petitioner to receive an amount of Rs,125,000 instead of the prayer made by her, which is against law. Next contended that the learned appellate Court without giving any cogent reasons has reduced the decretal amount, which is not only contrary to the record but also against the unshaken, un-rebutted evidence led by the petitioner.
3. Despite service of notice no one has entered appearance on behalf of the respondent, therefore proceeded against exparte on 19-2-2009.
4, Heard.
5. Upon the examination of the record it is found that both the learned Courts below have concurrently concluded that the dowry articles were given to the petitioner at the time of marriage and are lying with the petitioner. The learned trial Court after evaluating particularly the evidence led by the petitioner finally decreed the suit as prayed by the petitioner, whereas the learned appellate Court has modified the decree but has not given any cogent reasoning, therefore, apparently the learned appellate Court has not exercised the jurisdiction vested with it. It is not the case of depreciation of the dowry articles as the marriage between the parties to the suit remained intact for 5/6 days only. Any how as the suit was filed in February, 2007, whereas the marriage was solenmized on 14-1-2007, therefore, keeping in view the natural depreciation the petitioner is held entitled to recover the dowry articles or in lieu of Rs,160,000.
6. For the foregoing reasons the instant petition is allowed and the petitioner is held entitled to recover an amount of Rs,160,000 on account of the dowry articles. No order as to costs.