Eakub Ali -Versus- Shanzida Nasrin

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Case information

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Official index description (excerpt)

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The Rule 28 (1) (Ka) of the Muslim marriages and Divorces (Registration) Rules, 2009 formulates a Form for Nikahnama in which columns 13-15 are specifically endorsed with the amount of Mahr. prompt/deferred dowers, and the paid amount of mohrana, respectively, and thereby column 14 is beyond the ambit of the Qur`anic verses unless the bride agrees to the deferred dowers. Consequently, any kind of imposed deferred dower would be considered as prompt dower after being claimed by the wife. Prompt dower must be payable immediately or on demand, according to the terms of the marriage contract and applicable Muslim law, However, I am of the firm view that the wife must not wait until divorce or death to get the dower merely because the Nikahnama contains a dower obligation. The standard position is that prompt dower is a debt owed by the husband to the wife, and that it is an unsecured debt and an actionable claim; it must be paid forthwith, and if a wife has to come to Coult for realization of prompt dower, the trial Court has the discretion to award compensation to the wife on the basis

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