' Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner calls in question the validity of impugned judgments and decrees dated 08.07.2013 and 26.04.2014 passed by the learned Courts below. Through the former learned Judge Family Court held Respondent No, 1 entitled for recovery of dowry articles mentioned at Sr.No, 1 to 71 of Para No, 2 of her affidavit Ex.P1 except gold ornaments or in alternate their price of Rs, 1,50,000f- and through the latter his appeal against the said judgment and decree was dismissed by the learned Appellate Court.
2. Learned counsel for the petitioner submits that the findings of the learned Courts below on the issue of dowry articles are based on surmises and conjectures and result of mis-reading and non- reading of evidence; that nothing iii the shape of dowry articles was given to respondent at the time of her marriage and the petitioner has proved this fact through cogent and reliable evidence; that the list of dowry articles was not even exhibited during the evidence but both the learned Courts below overlooked this important aspect of the matter; that Respondent No, 1 in her evidence admitted receipt of six tolas gold ornaments from the petitioner, therefore, the learned Courts below were required to pass decree of the same in favor of the petitioner; that the learned Appellate Court has not even recorded issue wise findings as such its judgment is violative of Order XLI Rule 31 of CPC; that the evidence in this case has not been properly appreciated and the conclusions drawn therefrom are liable to be set-aside.
3. On the converse, learned counsel for Respondent No, 1 submits that the impugned judgments and decrees are result of correct appreciation of the evidence available on record; that concurrent findings of fact need no interference by this Court in its Constitutional jurisdiction.
4. I have heard the arguments of the learned counsel for the parties and gone through the record.
5. The petitioner in his written statement as well as affidavit Ex.131 evasively denied the possession of the dowry articles and no where he stated that due to financial constraints parents of Respondent No, 1 were not in a position to give her dowry articles. No doubt list of dowry articles was not exhibited during the evidence but it cannot be made a basis to` refuse her claim as the West Pakistan Family Courts Act, 1964 is a special enactment and the provisions of CPC are not strict senso applicable to these matters.
6. So far as the objection of the learned counsel that the learned Appellate Court has not recorded issue wise findings as such its judgment is not sustainable being vioiative of the provisions of Order XLI Rule 31 of CPC is concerned, no doubt the learned Appellate Court did not strictly comply with the aforesaid provisions of law while rendering impugned judgment but it is settled principle of law that if the Appellate Court decides, to affirm the findings of the learned Trial Court then it would be sufficient compliance of the provisions of law if the evidence is essentially discussed and the findings recorded and mere non-adherence to the above provisions of law does not make the judgment nullity in the eye of law. Reliance is placed on case reported as Mst. Roshi and others. Vs. Mst. Fateh and others (1982 SCM R 542).
7. The learned counsel for the petitioner while referring to the statement of the respondent wherein she admitted receipt of six tolas gold ornaments has laid a lot of emphasis that the learned Courts below should have decreed the same in favor of the petitioner. This argument of the learned counsel is misconceived for more than one reasons. Firstly, the petitioner in his written statement did not pray for the recovery of said gold ornaments and secondly it is settled principle of law that the gift given to a bride at the time of marriage by the bridegroom become exclusive property of the bride and is not returnable.
8. It 'is custom in our country that parents do give dowry articles to their daughters merely as a token of love and symbol of honour and the petitioner has miserably been failed to bring on record anything from which it could be inferred that something contrary to the settled norms was happened in respondent's case. The learned Courts below already keeping in view the financial status of respondent's parents decreed the dowry articles of ordinary nature, which are almost given to a bride even hailing from a family having a average financial background. Alternate price of dowry articles has also been very cautiously assessed by the learned Judge Family Court and affirmed by the learned Appellate Court and this Court is not inclined to intervene with the concurrent findings of facts recorded by the learned Courts below in its Constitutional jurisdiction.
Reliance is placed on case reported as Muhammad Habib vs. Mst. Safia Bibi and others (2008 SCM R 1584).
9. Resultantly, this petition being without any substance is dismissed. No order as to costs.