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Gold ornaments claimed as dowry need strong proof; an affidavit of uncertain origin is not enough

Abdul Jabbar v. Mst. Saba Kausar, etc. Lahore High Court W.P. No. 3918 of 2021 2026 LHC 1323 Decided Justice Tariq Mahmood Bajwa (Lahore)

Judgment at a glance

Legal issue
Could a decree for gold ornaments (a bracelet, two rings and a 3-tola necklace) claimed as dowry stand, where the courts below relied on an alleged affidavit of the husband?
Decision
No. A bride ordinarily keeps her gold ornaments, so a wife claiming them from the husband must plead and prove how he came to take them, whether during good relations or by snatching; section 7(2) of the Family Courts Act requires the plaint to contain all the facts, and hers was silent on both. She relied on a list prepared after the suit was filed, produced no receipts or goldsmith's records, and could not recall the items in cross-examination. The affidavit (Ex.P-4) was not pleaded, was produced by a stamp vendor after she closed her evidence, bore no signature of hers, was supported by none of the named witnesses, and the husband denied it. Concurrent findings resting on such misreading can be corrected under Article 199. The decree was set aside to the extent of the gold ornaments; the rest of the judgments and decrees were upheld.
Key principle
Because of their high value and because a bride ordinarily keeps them, gold ornaments claimed from a husband must be supported by pleading of how he took them and by cogent evidence; a document not pleaded, not put to the wife's own witnesses and denied by the husband does not meet the standard of proof.
Outcome
Partly allowed
Relevant law
Family Courts Act 1964, s.7; Qanun-e-Shahadat Order 1984, Art. 2; Constitution of Pakistan 1973, Art. 199
Why it matters
  • Plead how and when the gold was taken, and prove it with receipts, photographs or witnesses.
  • An affidavit attributed to the husband must be pleaded and properly proved.
  • Other dowry and maintenance awards can stand even where the gold claim fails.

Cite as: Abdul Jabbar v. Mst. Saba Kausar, etc., 2026 LHC 1323, Lahore High Court, W.P. No. 3918 of 2021, decided 26 January 2026

Case details

Case
Abdul Jabbar v. Mst. Saba Kausar, etc.
Bench
Justice Tariq Mahmood Bajwa (Lahore)
Date of decision
Case number
W.P. No. 3918 of 2021
Citation
2026 LHC 1323
Outcome
Partly allowed
Statutes considered
Family Courts Act 1964, s.7; Qanun-e-Shahadat Order 1984, Art. 2; Constitution of Pakistan 1973, Art. 199
Topics
Dowry

Sources

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How this summary was made
Summary from the full judgment
Official text read on
Note on the text
The marriage was on 10 August 2018; the wife said she was turned out on 1 April 2019 while pregnant. Her suit sought Khula, dowry articles including gold worth Rs. 1,387,998, maintenance for herself and the child, delivery expenses and iddat maintenance. The Family Court partly decreed the suit, including the gold or its market value; the Additional District Judge, Sohawa (4 October 2021) partly allowed the wife's appeal and dismissed the husband's. Before the High Court the husband pressed the petition only as to the gold. The judgment gives the suit's filing date as 6 February 2020 (counsel's submission, para 4) and as 28 June 2021 (para 9); it numbers two paragraphs as 9. The decision date shown is the date of hearing (26 January 2026); no separate announcement date is recorded. Approved for reporting. Short summary checked against the judgment.
Cite this summary
PK-Legal & Associates, "Gold ornaments claimed as dowry need strong proof; an affidavit of uncertain origin is not enough", summary of Abdul Jabbar v. Mst. Saba Kausar, etc., 2026 LHC 1323, Lahore High Court, W.P. No. 3918 of 2021, decided 26 January 2026, https://pklegal.org/judgments/lhc-2026-1323-gold-claim-needs-proof/ (reviewed 3 November 2026).