Dowry delivery must be proved; custom and purchase receipts are not enough

Judgment at a glance

Legal issue

Can the custom of giving dowry, an itemised inventory and purchase receipts prove that particular dowry articles were delivered to the husband's family, where delivery is denied?

Decision

No, not by themselves. Section 17 relaxes the rules of proof but does not dispense with proof: credible oral evidence can establish a dowry claim without receipts, but the court must still find that the particular articles were delivered. Here the parties lived in the USA, the receipts were in relatives' names and from other places, the claim came years after a US divorce, and the mother testifying as attorney was uncertain about delivery. The appellate decree, which relied on custom, was set aside and the trial court's dismissal restored.

Key principle

Custom may explain why dowry was given but cannot, without supporting evidence, establish what was given; family courts must assess the particular articles, their delivery and retention on the evidence, using the Court's eight non-exhaustive guidelines (para 8), and distinguish articles proved from those not proved.

Outcome

Allowed

Relevant law

Family Courts Act 1964, s.17; Constitution of Pakistan 1973, Art. 199

Why it matters

• Plead each item and prove its delivery: who carried it, where, to whom and when, with a witness who saw it.
• Receipts are not required, but where produced they must be linked to the articles claimed; an attorney can speak only to what they personally know.
• Courts should allow the articles proved and reject only those not proved, rather than accept or reject a whole list.

Cite as: Farrukh Altaf v. Mst. Sadia Anam etc., 2026 LHC 8119, Lahore High Court, W.P. No. 930 of 2023, decided 8 October 2026

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