Rijwan Ali, AIR (1980) All 118 at P 120, The court held that where there has been an agreement between the parties at the time of their marriage about the amount of dower payable by the husband between husband and wife for payment of dower the quantity becomes recoverable under the agreement. Zubaida Bibi, (1916) 431 A299, indicates that Dower is an essential ingredient under the Mohammadan law to the status of Marriage, to such an extent this is so that when its unspecified at the time the marriage is contracted the law declares that it must be adjudged on definite principles. Even if marriage is not consummated, it is mandatory to provide mahr to the wife. Mahar may be fixed orally or in writing (meharnama) it may be fixed, before, during, or soon after marriage.Īccording to Mulla, a dower is a sum of money that wife is entitled to receive from her husband in consideration of marriage.Įven after divorce, Mahr is non-refundable (unless the wife remits it at her- willingness) and it becomes the property of the wife till eternity. The Mahr (Dower) belongs to the wife and she can use it in any manner she likes it, neither her husband nor husband’s relations nor even her relations can give the command to her in the matter of using the Mahr money or property. Mahr or Dower is the legal responsibility of a man towards the woman as a result of marriage. It could either be a specified or unspecified dower. It is an amount of money or other property paid or provided to the wife. It is one of the significant ingredients of marriage under Muslim Law. Dower is also known as Mahr in Muslim law.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |