TARIQ IFTIKHAR AHMAD, J.:- Despite personal service respondent No.3 has not turned up and as such he is proceeded against ex parte.
2. Through this Constitutional petition, the petitioner has challenged judgment and decree dated 27.11.2015 and 27.06.2016 passed by the learned courts below .
3. Quintessence of facts as charred from the relevant plaint are that petitioner preferred a suit for recovery of maintenance allowance, dower total description of which is duly mentioned in the headnote of the plaint and dowry articles or its price to the tune of Rs. 690,317/- against respondent No.3 (Hereinafter called the respondent). When petitioner raised demand for payment of dower the matrimonial issues culminated into litigation by filing of the above-said suit before the competent court of law. The lis was contested thereto, after framing consolidated issues, considering divergent pleadings of parties decreed the suit for recovery of dowry articles to the tune of Rs.250,000/-, dower as per entry in Nikah- Nama and Rs.3000/- per month as maintenance allowance from the date of institution of suit. On the other hand, suit for restitution of conjugal rights filed by the respondent was decreed subject to payment of dower and maintenance allowance vide consolidated judgment and decree dated 27.11.2015. Against this, preferred appeal by the petitioner, whereto said court maintained judgment of learned Judge Family Court whereas maintenance allowance Rs.3000/- per month was enhanced to the tune of Rs.5000/- per month from the date of institution of suit.
4. Learned counsel for the petitioner contends that the judgments impugned are suffering with legal defects and conclusion drawn in relation to grant claim of dowry articles is erroneous. Further contends that sufficient evidence was adduced but the courts below have not properly appreciated the same while passing the judgments and decrees impugned.
5. Having given prime consideration to the submissions made by learned counsel for the petitioner and minutely scanned the evidence appended with this petition; the issue which under discussion is about dowry articles.
According to the petitioner's claim for dowry articles or its price Rs.690,317/- was fully proved by her through evidence, thus, the main focus of this judgment is "dowry articles".
6. It is transparent from the pleadings of the parties that dowry articles were also given at the time of marriage.
Muhammad Ramzan (PW-2) and Abdul Majeed (PW-3) also corroborated the stance of petitioner and endorsed this element that dowry articles were given at the time of marriage. Thus, keeping in view the facts and circumstances both the learned courts below have rightly reached to the conclusion in granting decree for recovery of dowry articles or alternatively its value to the tune of Rs.250,000/- to which no exceptions can be taken.
Though the evidence is adduced to prove that dowry articles recovery whereof claimed had been delivered but these were not proved to the extent as contended by the petitioner. The evidence of the respondent also has its consequences on the merits of petitioner's case viz-a-viz claim of dowry articles. Thus, I do not see that courts below have committed no illegality or material irregularity while passing the impugned judgments and decrees.
7. Writ Petition being devoid of force stands dismissed with no order as to costs.
8. Having experience that there is legal and social problems in respect of dowry articles, I consider it appropriate to record my observations as follows: In order to threshing the term dowry which had been a subject in numerous petition s before this Court, to comment upon the above terms, first, it is appropriate to consider the term "dowry" which has become as emblem of dignity of our society , while arranging marriage tie between the parties. It is better and essential to have glimpse over the origin of word "dowry" which is as under: "The term dowry or dote (dos mulieris) was in ancient time applied to that which the wife brings her husband in marriage; otherwise called maritagium or marriage goods; but these are termed more properly goods given in marriage".
Locally dowry is called dahej in Hindi, Jehaz in Urdu and Arabic, Joutuk in Bangali, Jiazhuang in Mandarin, ceyiz in Turkish, dot in French, "daijo" in Nepali, and in various parts of Africa as serotw ana. A dowry is the transfer of parental property to a daughter at her marriage (i.e. inter vivos') rather than at the owner 's death (mortis causa).
A dowry establishes a type of conjugal fund, the nature of which may vary widely. This fund may provide an element of financial security in widowhood or against a negligent husband, and may eventually go to provide for her children.
9. It goes without saying that this menace of dowry has become a social threat in modern Pakistan leading to the oppression on women, physical violence on the brides, causing a financial and emotional stress on the parents of the brides, marital conflicts and so on. This dogmas should be removed and shackled with iron hand at gross root level and should be uprooted to maintain serene and harmony in the society, because in the present era it exists even today in our society.
10. Successive governments in independent Pakistan have retained most of the laws we inherited from the British without much amendments. Hence, today unfortunately personal laws are different in Pakistan depending on which religion the person belongs to. For Muslim women and Christian women the rights are even less.
I propose a simple solution to practically end and to resolve this legal and social problem in our society. There should a law which would state that upon marriage, all things relating to marriage i.e. dowry should be duly incorporated in the columns of Nikah Nama so that the miseries and obstacles of the female litigants should be curbed down in future and providing a strong and concrete social and legal set up. The pros and corns of this law can be debated upon, but I am pretty sure that this incorporation in the columns of Nikah Nama, if implemented, by the legislature would be more effective in eradicating the problems of dowry issues in Courts as well as in the society.
11. Brides should also be educated and well informed about the negative impacts of dowry and should be taught that they can lead a better life with more independence and happiness. They should also make bold moves towards exposing families demanding dowry using the help of legal system, at the same time the legal system should be made more accommodative to make the brides and their family members confortable.
12. Let a copy of this judgment be sent to the Secretary Law, Government of Punjab, to move the concerned quarters for carrying out requisite legislation at the earliest.