Mahr

Mahr (dower) is the amount (sometimes also property rights) that the husband own to the wife. Mahr can be prompt or deferred if it is deferred without any specification of time it is assumed to be at the time of death or divorce.

 

Amina Bibi vs Mohamed Ibrahim AIR 1929 Oudh 579

Haliman vs Mohamed Manir AIR 1971 Pat. 385

Mohamed Shahabuddin vs Ummatur Rasul AIR 1960 Pat 511

 

The mahr can be increased during the marriage at the husband’s initiative and its amount does not depend on the financial capabilities of the husband

 

Hamira Bibi vs Zubaida (1961) IA 249

Essential to Muslim law

Kapore Chand vs Kidar Nissa Begum and others AIR 1953 SC 413

Unpaid mahr is a debt payment equivalent to the claims of other creditors but has priority over the co-heirs’ claims to have the property distributed among themselves.

Sabir Hussain vs Farsand AIR 1938 PC 80

Among Shias, the father in-law is liable to pay the mahr in the case of failure of payment by the husband

Maina Bibi vs Vakil Ahmed (1924) 52 IA 145

Possession of the husband’s property can continue after husband’s death or divorce until the mahr is recovered.


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