Suit for Dower After Dissolution of Marriage: Seeking Recovery of Unpaid Dowry

IN THE COURT OF THE………………..

Suit No………………… of 19………………..

CD………………………………………………………….. Plaintiff

versus

C. F……………………………………………………….. Defendant

The abovenamed plaintiff most respectfully submits as under:

1. The plaintiff and the defendant are Sunni Mohammedans. They were married to each other on……………….. 19……………….. according to Muslim Law applicable to Sunnis, and at the time of marriage Rs………………… was settled to be the dower debt out of which Rs………………… was settled to be the prompt dower and the rest as deferred dower.
2. That the defendant paid neither the prompt dower nor the deferred one, and has divorced the plaintiff by uttering the words “I divorce you,” three times in the presence of the plaintiff, on……………….. 19……………….. or that the defendant has died on……………….. without payment of the dower debt aforesaid to the plaintiff.
3. That as the plaintiff is heir of 1/8th share of the properties left by the defendant, she has disclaimed 1/8th share of her dower debt to be deducted from the dower debt.
4. That the plaintiff is in possession of the properties left by the defendant.
5. That the cause of action arose on……………….. 19……………….. when the defendant divorced the plaintiff or when the defendant died and this Court has jurisdiction to try the suit.
6. The suit is valued at Rs………………… the amount due of the dower debt, and Court fees are paid according to the relief claimed.

RELIEF CLAIMED:

The plaintiff claims payment of Rs………………… from the defendant/the defendants, the legal representatives of the deceased.

Plaintiff

Through Advocate

VERIFICATION

I, the abovenamed plaintiff, do hereby verify that the contents of paragraphs ……………….. to……………….. of the plaint are true to my personal knowledge and those of paragraphs……………….. and……………….. thereof are based on legal advice which I believe to be true.

Verified on this…………….. day of……………….. 19……………….. at………………..

Plaintiff

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Suit for Dower After Dissolution of Marriage in India

This article focuses on a specific type of legal suit: a Suit for Dower After Dissolution of Marriage. This suit is filed by a Muslim woman to claim her unpaid dower (mehr) from her former husband or his legal representatives after the dissolution of their marriage.

Legal Point of the Suit:

• Establishing the Marriage: The suit begins by establishing the validity of the marriage, including the date and manner of solemnization.
• Agreement of Dower: It clearly states the amount of dower agreed upon at the time of marriage, including the portion of prompt dower and deferred dower.
• Dissolution of Marriage: The suit must clearly state the grounds for the dissolution of the marriage, such as divorce (talaq) or the husband’s death.
• Non-Payment of Dower: The suit emphasizes that the husband (or his legal representatives, in case of his death) has failed to pay the agreed-upon dower.
• Disclaimer (if applicable): If the plaintiff is also an heir of the deceased husband, the suit may include a disclaimer of a portion of her dower claim to account for her inheritance.
• Jurisdiction: The suit must establish the jurisdiction of the court to hear and determine the matter.
• Relief Claimed: The suit concludes with a prayer for the court to order the defendant (or the legal representatives of the deceased husband) to pay the outstanding dower amount.

Significance of Dower:

• Woman’s Right: Dower is a significant right for Muslim women, providing them with financial security after marriage and upon its dissolution.
• Legal Recognition: This legal remedy provides a mechanism for women to claim their rightful dower and ensure their financial well-being.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a suit for dower. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the suit complies with all legal requirements and procedures.
• Gather Evidence: Assist in gathering evidence to support the claim for dower.
• Represent Your Interests: Advocate for your best interests and ensure that your rights are protected throughout the legal proceedings.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including suits for dower, please contact Legal Light Consulting. Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a suit for dower may vary depending on the applicable laws and the specific circumstances of the case. It is essential to consult with legal professionals for personalized guidance and assistance.

Note: This article provides a general overview of the legal procedure based on the provided content.

Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice.

Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal advice.

The information provided should not be relied upon as legal advice, and you should consult with a qualified legal professional for any legal issues or concerns you may have.