Return of dowry articles: Family court can’t refuse to entertain suit of man: LHC

LAHORE: The Lahore High Court (LHC) observed that under the Family Act 1964 a family court could not refuse to entertain a suit of man for returning of dowry to his ex-wife and declared it bad in law and of no legal effect.

The court observed, in the Act no such distinction has been drawn about a suit brought by a husband or a wife.

The court held that the impugned order proceed upon the sole logic, as provided therein, that suit regarding recovery of dowry articles can only be brought by a wife. The court observed, section 7 of the Act, 1964 stipulates no such restriction and perhaps a common occurrence has weighed upon and influenced the trial judge.

The court said that family courts, no doubt, have jurisdiction to entertain a suit for recovery of dowry articles by a wife. But can a husband who seeks help of the family court be refused to entertain his suit although such provision has not even been particularly excluded, the court added.

The court further observed that refusal of the family court to assume jurisdiction over the subject matter of dowry when a case is brought by a husband would not only defeat the purpose of the Act but will also amount to restrict the meaning of the term ‘Plaintiff’ in Section 7 of the Act.

The court said section 7 of the Act related to the institution of suits refer to the terms plaintiff without specifying the gender of the plaintiff.

Can the word of “wife” be read into the statute instead of “plaintiff” when the matter is that of dowry? And relief sought may be of return by the husband or retrieval by the wife, the court added.

“Such interpretation, as the one pursued by the trial court will limit the scope of jurisdiction of the family courts even when no such limitation is either prescribed nor would it sit well with the purpose of enactment of the Act, 1964,” the court held.

The court passed these directions in a petition of one Uzair Azmat who married with respondent Wajeeha on February 07, 2020. The petitioner and respondent could not get along and; therefore, the petitioner divorced respondent Wajeeha. The petitioner approached the respondent through common acquaintances for the return of dowry articles. Since the petitioner did not receive any response from respondent he approached a family court for returning dowry articles. The respondent did not appear and was proceeded against ex-parte. However, a family court judge while appreciating the noble gesture of the petitioner dismissed his suit.

The petitioner; therefore, approached the court against the decision of the family court and got relief.

Copyright Business Recorder, 2022