Receipts are not required to be filed and shopkeepers are not required to be witnesses for dowry articles

Receipts are not required to be filed and shopkeepers are not required to be witnesses for dowry articles

Section 5 of family court act 1964

Suit for recovery of maintenance dowry articles gold ornaments dower and money – dowry articles proof of—production of receipts regarding dowry articles – requirement – trial court decreed the suit – both parties filed appeal and appellate court dismissing appeal filed by defendant, decreed suit filed by plaintiff as prayed for .. contentions raised by defendant were that no documentary proof had been produced regarding preparations of dowry articles and gold ornaments – validity—defendant had failed to fulfill the marital obligations – plaintiff was not responsible for her desertion— appellant court had rightly held that plaintiff was entitled to dower gold ornaments and cash amount as prayed for— after snatching dowry articles bridal gifts gold ornaments from plaintiff, defendant had not provided any maintenance to her—defendant during cross examination had failed to discard claim made by plaintiff and throughout her statement remained unrebutted of defendant that plaintiff had not proved dowry articles by producing their receipts was not tenable as neither villagers would ask for receipts of wedding shopping nor would shopkeeper stand as witnesses for their customer—appellant court had rightly passed impugned judgment and decree after proper appreciation of evidence which could not be interfered with by High court in exercised of constitutional jurisdiction. Constitutional petition was dismissed in circumstances..

2016 YLR Note 43

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