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Thread: What are prompt and deferred dowers what remedies are available to the wife.

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    Word Icon 35px Jpg.ashx What are prompt and deferred dowers what remedies are available to the wife.

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    Q. What are prompt and deferred dowers what remedies are available to the wife if dower is not paid. (1999)(2004)(2006/A)
    Q. What are prompt and deferred dowers. what right are given to a wife if dower is not paid. (2001)
    1. Introduction:

    The Dower is the financial gain which the wife is entitled to receive from her husband by the virtue of marriage. it is also called Mahr. it may be settled before marriage, or at the time of marriage or even after the marriage. the right of wife to dower becomes complete on the consummation of marriage. the amount of dower may be increased after the marriage.
    2. Definition of dower:
    Fatawe-e-Almgiri

    It is an obligation imposed by the law on the husband as mark of respect for the wife.
    Mulla:
    Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.
    3. Importance of dower in Islamic law:
    Dower provide protection to the wife against the arbitrary dower of the husband to pronounce divorce. it is a mark of respect to the wife and a check on the power of husband to divorce.
    Case law
    Majeed Vs Mulmah 1992 CLC 13
    It was held that wife's right to get prompt dower from husband an not be defeated on the ground of not living with her husband or performing Marital obligations.
    4. Capacity to make a contract for dower:
    The parties who are sound mind and have attained the age of puberty may enter into the contract of dower.
    (a) Prompt dower:
    Prompt dower is payable on demand. it may also be demanded before the consummation of the marriage. the wife may refuse to live with him unless he pays the prompt dower.
    (b) Deferred dower:
    Deferred dower is payable on the dissolution of marriage either death or divorce.
    5. Remedies of wife:
    (a) In case of prompt dower:

    In case of prompt dower if it is unpaid the wife can refuse to live with the husband and it is a complete defence in a suit for restitution of coniugal rights by the husband. the wife and after he death her legal heirs can file suit.
    (i) Time period:
    (a) Within three years from the date when the demand is made or.
    (b) From the date when the marriage was dissolved.
    (b) In case of deferred dower:
    Deferred dower become due on the dissolution of marriage either by death or divorce. if it is unpaid the wife or if she dies her legal heirs can file suit.
    (i) Time period:
    Such suit shall be filed within three years from the date of dissolution of the marriage.
    6. Liability of heirs for dower debt:
    The heirs of a deceased of husband are not personally liable for the dower debt. proportionate to their respective shares in the estate.
    7. Conclusion:
    To conclude I can say that dower is the legal right of the wife. if dower is unpaid the wife is entitled to sue for the amount of dower. the widow must sue for the whole of her dower and not a part of it.

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