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Dowry decree: the wife chooses between the articles and their value, and obstruction earns special costs
Afzal Bibi v. Addl. District Judge, etc. Lahore High Court W.P. No. 12039 of 2025 2026 LHC 1311; PLJ 2026 Lahore 236 Decided Justice Anwaar Hussain (Multan Bench)
Judgment at a glance
- Legal issue
- Under a decree for dowry articles or, in the alternative, their value, can the husband refuse to return the articles and insist on paying the value, and can the executing court make the wife accept it, especially after he told the court the articles could be collected and then obstructed the bailiff?
- Decision
- No. Under such a decree the choice between the articles and their value belongs to the decree holder, not the judgment debtor, and the executing court cannot force the substitution on her; a husband who says the articles are available cannot then obstruct recovery and turn the decree into a debt payable at his convenience. Because ordering a fresh attempt to recover the articles more than a year later would invite new disputes over their condition, the Court kept satisfaction of the decree by payment of its Rs. 200,000 value, but held the husband's conduct an abuse of process and ordered him to deposit the remaining Rs. 130,000, special costs of Rs. 100,000 and the Rs. 10,000 bailiff fee within 15 days, failing which the executing court is to attach his property.
- Key principle
- In a decree for dowry articles or their alternative value, the right of election vests in the decree holder; the alternative value is not an option for the judgment debtor, and obstruction of execution can be met with special costs and coercive measures.
- Outcome
- Disposed of
- Relevant law
- Constitution of Pakistan 1973, Art. 199
- Why it matters
- Wives: you choose whether to take back the articles or their decreed value; the husband cannot force the cash option on you.
- Record any obstruction of the bailiff; it supports costs and a switch to the cash alternative.
- Judgment debtors who frustrate execution risk heavy costs and attachment.
Cite as: Afzal Bibi v. Addl. District Judge, etc., 2026 LHC 1311, PLJ 2026 Lahore 236, Lahore High Court, W.P. No. 12039 of 2025, decided 16 February 2026
Case details
- Case
- Afzal Bibi v. Addl. District Judge, etc.
- Court
- Lahore High Court
- Bench
- Justice Anwaar Hussain (Multan Bench)
- Date of decision
- Case number
- W.P. No. 12039 of 2025
- Citation
- 2026 LHC 1311; PLJ 2026 Lahore 236
- Outcome
- Disposed of
- Statutes considered
- Constitution of Pakistan 1973, Art. 199
- Topics
- Dowry
Sources
- Official text
- Judgment PDF (court website)
- Our saved copy
- PDF, saved
- How this summary was made
- Summary from the full judgment
- Official text read on
- Note on the text
- The Family Court decreed the dowry articles or Rs. 200,000 on 20 November 2024; the decree was not challenged. On 19 April 2025 the husband's counsel told the executing court the articles could be collected; the wife paid a Rs. 10,000 bailiff fee, but the husband's father refused even inspection. The husband then deposited Rs. 70,000 as part of the value; the executing court accepted this course on 12 July 2025 and a revision was dismissed on 9 September 2025. The decision date shown is the date of hearing (16 February 2026); no separate announcement date is recorded. Approved for reporting. Short summary checked against the judgment.
- Cite this summary
- PK-Legal & Associates, "Dowry decree: the wife chooses between the articles and their value, and obstruction earns special costs", summary of Afzal Bibi v. Addl. District Judge, etc., 2026 LHC 1311, PLJ 2026 Lahore 236, Lahore High Court, W.P. No. 12039 of 2025, decided 16 February 2026, https://pklegal.org/judgments/lhc-2026-1311-obstructing-execution-costs/ (reviewed 3 November 2026).