LAHORE: Lahore High Court (LHC) has nullified the order for returning 6 tola gold to wife.
Justice Anwar Hussain made it clear the gold given to wife at the time of marriage is her personal ownership. However proving allegation of snatching the gold by husband is responsibility of wife.
Justice Anwar Hussain of LHC while issuing 9 page written order regarding return of gold to wife declared the decisions of family court and appellate court null and void.
The court maintained that the gold given to wife on the occasion of marriage will be considered the personal ownership of the wife. However if the wife levels allegation of snatching the god by the husband then the responsibility for proving the allegation lies with the wife.
Justice Anwar Hussain of LHC while accepting the plea of Mohsin Ali partly issued the decision.
According to the court's decision wife had filed claim first in 2019 wherein the quantity of gold was not mentioned nor was any demand made for returning the gold.
Later the woman while filing second claim in October 2019 seeking return of 6 tolas gold by the husband.
The court pointed out that in the second claim the respective witnesses were not identified.
It was said in the decision that the husband had admitted to give gold more than 17 grams to his wife. However wife failed in proving her allegation that the husband had snatched 6 tola gold from her.
The counsel for the petitioner gave arguments regarding the allegation of snatching 6 tolas gold and regarding its proof.
The LHC maintained the order for returning 6 tolas gold to wife cannot be upheld in the light of available evidences.
The court while nullifying the decisions of family court and appellate court to this extent approved the plea of the husband partly.
The court made it clear no interference will be made in the previous courts decisions in regard to nan nafqa (maintenance) and dowry articles .