LHC Fines Man for Refusing to Return Dowry

The Lahore High Court (LHC) has ruled that a judgment debtor cannot force a woman to accept the monetary value of dowry articles instead of returning the actual items, declaring that the choice rests solely with the decree-holder.

Justice Anwaar Hussain issued the verdict while deciding a petition filed by Afzal Bibi, who challenged a lower court’s decision allowing her husband to pay cash instead of returning her dowry articles.

The petitioner had secured a decree from a family court on November 20, 2024, granting her the right to recover her dowry items or their assessed value of Rs200,000.

The decree became final as the respondent did not challenge it.

During execution proceedings, the husband’s lawyer initially told the court that the dowry articles were available and could be collected. The court appointed a bailiff after the petitioner deposited Rs 10,000 as a fee.

However, when the bailiff visited the respondent’s residence, he obstructed the process and refused to allow inspection of the items.

Later, the respondent deposited Rs 70,000 with the court and sought to satisfy the decree by paying the alternate value rather than returning the articles.

The executing court accepted this request, and the decision was upheld in revision. The petitioner then approached the LHC.

Justice Hussain ruled that when a decree grants recovery of dowry articles or their monetary value, the option belongs exclusively to the decree-holder.

The judgment debtor cannot refuse to return the items and unilaterally convert the decree into a monetary payment.

The court observed that dowry articles are not merely property but personal belongings entrusted at the time of marriage and may hold both financial and emotional value.

The judge also criticised the respondent’s conduct, noting that he first offered to return the articles but later obstructed the recovery process, which amounted to an abuse of the court’s process.

The LHC ordered the respondent to deposit the remaining Rs130,000 along with Rs100,000 as special costs and refund the Rs10,000 bailiff fee within 15 days.

The court further directed that failure to comply would allow the executing court to initiate coercive measures, including attachment of property, to recover the outstanding amount.