Write a note on Prompt and deferred dower.

Question: Write a note on Prompt and deferred dower. [UPJS 1992]

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Answer

Section 290 of Mulla's Principles of Mohammedan Law stipulates that the dower is of two types, (i) "prompt", which is payable on demand, and another one (ii) "deferred", i.e. on the dissolution of marriage by death or divorce.

A dower that is payable on demand is called a prompt dower, and the one payable on dissolution of marriage by death or divorce is known as a deferred dower. The dower may be either prompt or deferred, depending upon the terms of the agreement entered into between the husband and wife at the time of the marriage. It may also be partly prompt and partly deferred. The wife is competent to realize the prompt dower either in whole or in part at any time before or after consummation. She can either demand the entire prompt dower or a portion of it.

Where the payment of the dower is postponed until demanded by the wife, such a dower is also a prompt dower but not a deferred dower. Where there is no agreement at the time of the marriage regarding the nature of the dower, the whole of it must be regarded according to Shia law as "prompt", whereas, in the case of Sunnis, the rule is to regard part as " prompt" and the remaining as " deferred ", the proportion being regulated by custom, and in the absence of such custom, by the status of the parties. The wife is at liberty to waive or remit the dower or any portion of it in favour of her husband or heirs.

The wife would be entitled to institute a suit for the recovery of prompt dower within 3 years from the date on which the dower was demanded and refused or on the dissolution of marriage by death or divorce if no such demand was made during the continuance of the marriage. Prompt dower is a debt through an unsecured one. It is an actionable claim. The following passage of the learned author, Tyabji, in his book on Muslim Law, describes:

"The wife's or widow's claim for the unpaid portion (if any) of the mahr is an unsecured debt due to her from her husband or on his death from his estate and ranks equally and rateably with other unsecured debts. It is an actionable claim. "

Where the parties dissolve the marriage by divorce, the wife would be entitled to immediate payment of the whole of the unpaid dower, both prompt and deferred, if the marriage was consummated; otherwise, she would be entitled to half of that amount.

A deferred dower cannot be converted into a prompt dower by making the wife demand the same as it is not a debt in praesenti. Deferred dower is payable on the dissolution of marriage or the happening of some event specified in the sianama or as agreed upon by the parties. Normally, the Muslims in India treat deferred dower as a penal sum permitted to remain unpaid with the object of compelling the husband to live together and fulfill the terms of the marriage contract in their entirety.

In the case of deferred dower, the husband is not liable to pay the same until the dissolution of the marriage by death or divorce or on the happening of the specified event. Hence, there is no question of any payment of interest on the deferred dower. The wife would be entitled, along with other unsecured creditors, to proceed against her deceased husband's estate for the deferred dower's recovery.

As observed in the case of Musammat Hamira Bibi v. Musammat Zubaida Bibi And Ors., 7 Ind Cas 497,

"The right to claim mahr would arise only in the case of prompt dower as it is payable immediately on marriage if demanded by the wife, whereas in the case of deferred mahr or dower, it is payable on dissolution of marriage or on the happening of some specified event but not otherwise."

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