P, a Muslim male while marrying Q, a Muslim female, agreed to pay Q Rs. 25,000 as dower, half of which was prompt and the other half deferred. P died without consummation of marriage or valid retirement. Is Q entitled to dower, if so, how much?

Question: P, a Muslim male while marrying Q, a Muslim female, agreed to pay Q Rs. 25,000 as dower, half of which was prompt and the other half deferred. P died without consummation of marriage or valid retirement. Is Q entitled to dower, if so, how much? [HJS 1984]

Find the question and answer of Muslim Law only on Legal Bites. [P, a Muslim male while marrying Q, a Muslim female, agreed to pay Q Rs. 25,000 as dower, half of which was prompt and the other half deferred. P died without consummation of marriage or valid retirement. Is Q entitled to dower, if so, how much?]

Answer

The amount of dower is usually split into two parts, one called "prompt," which is payable on demand, and the other called "deferred," which is payable on dissolution of marriage by death or divorce. The prompt portion of the dower may be realized by the wife at any time before or after consummation. For that reason, a dower that is not paid at once may be described as a deferred dower, but if it is postponed until demanded by the wife, it is in law prompt dower. But "deferred" dower does not become "prompt" merely because the wife demands it.

The wife can refuse to live with her husband and admit him to sexual intercourse so long as the prompt dower is not paid to her. The right to claim prompt dower precede cohabitation and comes into existence along with it. Where there has been an agreement between the parties at the time of their marriage with regard to the amount of dower payable by the husband, the amount becomes recoverable under the agreement. The agreement between the husband and wife for payment of dower undoubtedly is part of the cause of action for maintaining a suit for its recovery, and the place where such agreement was entered into would be a place where a part of the cause of action for such suit arises.

In Ranee Khajoo-roon-nissa v. Ranee Rayees-oon-nissa, (74-75) 2 I.A. 235 at p. 239, Sir James Montague E. Smith, in delivering the judgment of the Judicial Committee, observed as follows:

"Prompt or exigible dower may be considered a debt always due and demandable, and certainly payable upon demand, and therefore upon a clear and unambiguous demand and refusal a cause of action would accrue, and the statute would begin to run."

On the other hand, deferred dower becomes payable only when the marriage is dissolved by death or divorce. Thus, applying the aforesaid principles of Muslim Law of marriage to the present facts of the case, it is clear that Q is entitled to the whole sum of dower, i.e. 25,000, after the death of her husband P.

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