' IJAZ AHMAD, J.---Respondent No,1 instituted a suit for recovery of dowry articles. It was decreed in her favour vide decree dated 11-1-2010, passed by the learned Judge Family Court, Gujranwala. The appeal preferred by the petitioner was dismissed by the learned Additional District Judge, Gujranwala, vide decree dated 18-3-2010.
2. It is contended by the learned counsel for the petitioner that the list Exh.P-2 was not prepared at the time of marriage and was prepared at the time of institution of the suit. The fabricated list is not the proof of giving of articles of dowry to the respondent No,1 by her parents. Referring to Rule 3(1) of the Dowry and Bridal Gifts (Restriction) Rules, 1976 contends that the value of the gold ornaments ordered to be returned has to be assessed at the rate prevailing when the articles were purchased.
3. On the other hand, the learned counsel appearing on behalf of respondent No,1 relies on the statements of P.Ws. 1 and 2 to establish that the dowry articles were brought by respondents No,1 and were in possession of petitioner. He further submits that in view of the provisions of section 17 of the West Pakistan Family Courts Act, 1964, the provisions of Qanun-e-Shahadat, 1984, shall not apply to proceedings before a Family Court. The mode and standard of proof of a fact in a Family Court is not the same as is required before a Civil Court.
4. I have heard the learned counsel for the parties and also gone through the record.
5. The argument advanced by the learned counsel for the petitioner with reference to the Rules 1976 ibid needs to be addressed first. Dowry and Bridgal Gifts (Restriction) Rules, 1976 referred by the learned counsel for the petitioner is of no avail to him. The petitioner cannot be allowed to pay the price of the articles of dowry at the rate that existed at the time of marriage. The Rule No,3 is meant to ascertain the value of dowry articles to bring the same within or without the limits of criminal a liability. Definitely the value of the articles in that case has to be calculated at the rate that existed at the time of marriage when the offence is alleged to have been committed. In case of the return of articles of dowry, the price to be paid in alternate is the one that would be on the day of passing of the final decree. If not fixed by the Court passing the final decree, it is to be ascertained by the executing Court.
6. In Punjab we are confronted with two diverse situations. One, in which the parents are bounded by the cruel custom obliging them to give articles of dowry to their daughters beyond their financial capacity. From the day a girl takes birth, her mother reserves a box for her for depositing whatever the articles of dowry she can stealthily buy for this prospective bride. No receipt regarding the purchase of these articles is prepared or kept. This exercise on the part of the mother goes on without its disclosure to any other member of the family. These articles are purchased by putting off and sometimes ruling out the current necessities of the family members altogether. This custom took birth by the want of the propertied parents to deprive their daughters from their share due and to reserve the moveable property for the sons only. They successfully ousted the daughters from their sharing the landed property by confining their right to the articles of dowry.
The worst example of this abhorring episode is marrying the daughters with the "Holy Quran" in some parts of the Province. This practice however casts its real brunt on the poor parents. They have neither the property to give to their daughters and conserve it for their sons and nor have the money to give them the articles of dowry. The health care, the proper clothing, feeding and education of the children and other family member is, sacrificed. The other is the case of the real wretched and downtrodden class of the people who could not think of preparing the articles of dowry for their daughters at any cost. They are too destitute to do it. The day of their daughter's marriage is to be a day of hope and jubilation when they can dream of wearing proper clothes and feeding themselves and their children properly for a couple of days. Definitely all the funds are to flow from the groom, a well-to-do and superannuated man, driving for his second or 3rd marriage.
In both the cases, on the day of marriage, the groom and his companions, friends and relatives would come mounted on the vehicles, according to their financial condition, like the cavaliers and archers in the battlefield, firing in jubilation. The art of euphemism has made us to call this collection of people, the Tara'. When the people had not learnt this art, this mob was called "Janait', the assemblage of 'Jins'. The question is, could a list of articles of dowry be prepared, presented and got signed by the groom or his father, captaining the hot blooded mob. The answer in all circumstances is, impossible. In 99% cases, the plaintiff/wife tells a lie that the list was prepared at the time of marriage. In 01% cases, she still insists that she is not telling a lie. Insistence upon production of the list that was prepared at the time of marriage so as to entitle a plaintiff for a decree for the return of articles of dowry would be pressuring her to tell more lies.
7. Section 17 of the West Pakistan Family Courts Act, 1964, provides that the provisions of the Qanun- e-Shahadat, 1984 shall not be applicable to the proceedings before a Family Court. Will this provision of law divest a Court of the power to check the veracity of a statement or the genuineness of the documents altogether, I would like to quote some judgments of the Superior Courts of this Country. In "2002 CLC 1396" titled Muhammad Javed Iqbal v. Mst. Tahira Naheed and others, it was held that where a list of articles of dowry annexed with the plaint was exhibited without any objection raised by the defendant, the same was the proof of the articles of dowry. In "2004 SCM R 1739" titled Mst.Allah Rakhi v. Tanvir Iqbal and others", the whole evidence of the plaintiff/wife hinged on her solitary statement. She did not state that the list was prepared at the time of Rukhsti and she also did not know the details of the articles mentioned in the list. Their lordships' in Supreme Court of Pakistan declined to favour the petitioner/plaintiff, It was said to be a case of no evidence. The petition was dismissed. In "2005 M LD 1069" titled M.Jaffar v. Additional District Judge and others, the interference in the findings of the learned appellate Court allowing the appeal and decreeing the suit of the wife for return of articles of dowry on the basis of the solitary statement of the plaintiff was declined. In the case "2008 SCM R 1584" titled Muhammad Habib v. Mst. Safia Bibi and others, their lordships in Supreme Court were seized with a civil petition for leave to appeal, wherein the list was not prepared at the time of marriage and was prepared subsequently. They were pleased to hold that no interference in the order passed by the Lahore, High Court, Lahore and the appellate Court who had relied on the list of dowry articles prepared post to the marriage, was warranted. It was held that the list carried such articles that were ordinarily given to the bride at the time of marriage. The leave to appeal was declined.
8. In "2004 SCM R 1739" the leave to appeal was not refused on the sole ground that the list of dowry articles was not prepared at the time of marriage and was prepared later on. In fact, in that case the petitioner failed completely to state what had been mentioned in the list. This failure on the part of the plaintiff obliged their lordships not to grant leave to appeal. "In "2008 SCM R 1584" titled Muhammad Habib v. Mst. Sofia Bibi and others, which is later in time, their lordships in Supreme Court had relied upon a list which was not prepared at the time of marriage and contained such articles of dowry which are usually given at the time of the marriage. The presumption and surmises are not usually made the basis for adjudication by the Superior Courts of this Country, but in the cases falling within the jurisdiction of Family Court where the facts in issue have taken place in a close circuit not open to alien eyes, there is always a room for presumptions and reference to the custom or usual conduct of the people in the given circumstances. No list of articles of dowry is dared to be prepared by the bride or her family members and presented to the groom at the time of the marriage. This will never mean that whatever the patch, the statement of a plaintiff contains should be taken as a gospe1 truth because the provisions of Qanun-e-Shahadat, 1984, do not apply in the proceedings before a Family Court. The statement of lie plaintiff has to be gauged and weighed on the yardstick of truth algid consistency. The list of the articles prepared should also be carefully screened keeping in view the custom and the financial capability of the parents of bride.
But the financial position of the parents of the bride is not the true indicative of the quantum of the articles of dowry that might be given by them to their daughters. The quantity and /he value of the articles given, is always excessive, incompatible and incomparable with their financial condition.
The exclusion of provisions of Qanun-e-Shahadat, 1984 only releases the Family Courts of the technicalities of the law of evidence in order to ensure the speedy adjudication of the Family cases and precedence of the substantive justice to the technicalities of law. It does not absolve the family Courts of their responsibility to weigh, gauge and ascertain the veracity and standard of the evidence.
9. For what has been discussed above, in the instant case, the respondent/plaintiff has proved her case. The respondent/plaintiff appearing as P.W.1 has given the details of the dowry articles. Her statement is corroborated by the statement made by P.W.2. The list of the documents carries such articles which are usually given 'to a bride by her family at the time of the marriage. This petition has no merit. No interference is warranted. It is, dismissed.