ORDER SHEET.
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
C.P No: 1116/2009
1. For orders on CMA No: 3129/2009
2. For Katcha Peshi
Mr. Shaikh Amanullah for petitioner.
*****
1. Dismissed as it has become infructuous.
2. This petition has been filed against the order of the District Judge, Naushahro Feroze, dated 30-04-2009 in Family Appeal No: 05/2007, by which appeal of the present petitioner against the order of the trial Court, dated 07-11-2009 in Family Suit No: 57/2009, has been dismissed.
The trial Court had directed the present petitioner to pay Rs. 1,000/- per month to the respondent during Idat period and Rs. 1,000/- per month to the minor till his entitlement with an enhancement of 10 per cent per anum and with a return of the dowry articles. The trial Court had also dismissed the petitioner’s claim made in the objections for the return of gold ornaments worth Rs. 2,00,000/-. The learned counsel has submitted that he is only pressing for the return of the gold ornaments.
On a perusal of the impugned order, I have seen that initially the finding of fact was given by the learned trial Court and followed by the learned Sessions Judge that the petitioner had not been able to prove that these gold ornaments were taken away by the respondents. However, despite this finding of fact, the lower Courts have also held that in bridal articles given in the shape of jewelry or cash to bride during the subsistence of marriage, become her property and cannot be claimed back, therefore, a legal question has crept up in this petition which is as under:-
Whether gift of gold ornaments made in the shape of dowry can be claimed by the husband after the Khulla or divorce.
Issue notice to the
respondents on this point only for
Judge
Rashid