AJK Dowry and Bridal Gifts (Restriction) Act, 1976

Ss. 3,10 — AJK Interim Constitution Act, 1974, S.42 — Dowry claim — Violation of Act — Effect — A penalty is provided in the said provision that if anybody violates or contravenes any provision of the Act, 1976, he can be punished under the said provision on a complaint made by any concerned person but such restriction will not bar the recovery of dowry items given to a bride by her parents — Case of recovery of dowry items was to be decided on its own merits — Both the Courts below recorded finding that appellant failed to prove that dowry items were given to her by parents and detail of items could not be proved — In written statement, defendant/respondent, that none of averred dowry items were in his custody rather plaintiff, in his absence, had taken away other Articles belonging to him along with dowry items — Plaintiff nor PWs gave detailed break-up of alleged dowry items given to her at time of her marriage — Shariat Court also scrutinized whole evidence in detail and concurred with conclusion arrived at by Family Court that appellant had failed to prove details of dowry items when those were brought in house of defendant-respondent — Concurrent findings of fact could not be disturbed by Supreme Court in second appeal —- Appeal dismissed. DOWRY CLAIM — (Violation of Act)[Violation of Provision of Act, 1976 is no bar in recovery of dowry items. Appeal was dismissed by Supreme Court]. Zahida parveen v. Raja Masood Ahmed Khan 2013 SCR (SC AJ&K) 50
Argument, that the trial Court as well as the first appellate Court should have resolved the question of return of actual articles of dowry of whatever value they may be but all the Courts have directed for payment of dowry of Rs.1,83,815/- instead of returning the actual articles, is unfounded and has no legs to stand upon because appellant in his written statement has alleged that articles of dowry were of the value of about 14/15 thousand rupees-Appellant does not own the list of articles of dowry. Muhammad Mafrooz v. Shafeen Akhtar 2002 SCR 321 (C)
Contention that bridal gifts shall not exceed the value of Rs.10,000/= — Held: A penalty has been provided for violation of its provisions — If someone gives dowry of more amount than the one prescribed in the Act, he could be punished for the violation of Act on the complaint made by any concerned person. Muhammad Mafrooz v. Shafeen Akhtar 2002 SCR 321 (A)