MST. SAMIYA IQBAL BUTT vs REHAN ZAFAR, ETC.
This matter arises from a petition for leave to appeal directed against the judgment of the High Court, which dismissed the petitioner's Constitution petition and upheld the concurrent judgments and decrees partly decreeing the petitioner's suit for dowry articles. The core legal question was whether the lower courts erred in excluding certain jewelry items from the decretal amount after finding the list of dowry articles otherwise proved. The Supreme Court held that the trial court had duly evaluated the evidence and rightly excluded the jewelry items, reasoning that such items of daily use would not typically be left behind by the wife upon leaving the house. The petition was accordingly dismissed as lacking in merit, affirming the concurrent findings of fact regarding the exclusion of the disputed jewelry items.
- Whether concurrent findings of fact regarding dowry articles can be interfered with under constitutional jurisdiction?
- Can items of daily use such as jewelry be excluded from a decree for dowry articles if the court finds they were not left behind?
ORDER
' TASSADUQ HUSSAIN JILLANL J. Seek Leave to appeal against the judgment dated 25.2.2009 passed by a learned-Judge of the High Court vide which petitioner's. Constitution petition was dismissed and the concurrent judgments and decrees partly decreeing petitioner's suit for. Dowry articles were upheld.
2. The learned counsel for the petitioner seeks leave on the ground that having held that petitioner wife had proved the list of dowry articles to be in possession of the respondent- husband, it was not open for the Court to exclude items Nos. 1 to 1' i.e. Jewelry from consideration, and that the concurrent judgments to the said extent are against the weight of evidence led.
3. Having heard petitioner's learned counsel at some length and having gone through the impugned judgment; as also the judgment of the learned Trial Court dated 17.7.2008, we are of the view that the latter Court considered every piece of evidence led while passing the judgment and decree and rightly excluded the afore-mentioned articles from consideration as it was of the view that the jewelry in question being items of daily use could not have been left behind by petitioner- wife while leaving the house! Petitioner's learned counsel has not referred to any piece of evidence which could persuade us to interfere with the afore-referred finding of fact. The petition, lacking in merit is accordingly dismissed and . High Court Judgment Upheld/. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.