SUIT FOR DOWER BY LEGAL REPRESENTATIVES OF THE WIFE AGAINST THE LEGAL REPRESENTATIVES OF THE DECEASED HUSBAND

IN THE COURT OF THE………………..

Suit No………………… of 19………………..

CD………………………………………………………….. Plaintiff

versus

F……………………………………………………….. Defendant

The abovenamed plaintiff most respectfully submits as under: —

1. That……………….. and……………….. both were Sunni Mohammedans and their marriage with each other was performed according to Muslim Law applicable to Sunnis on……………….. 19……………….. and Rs………………… was settled to be the dower debt, which still remains unpaid.
2. That……………….. died on……………….. 19……………….. and XY is her only legal representative being her step son………………… also died on……………….. 19……………….. leaving behind him……………….. etc. as his legal representatives.
3. That A. B. was in possession of one house No………………… situate at ……………….. out of the estate of………………… and the plaintiff is at present in exclusive possession of that house. The rest of the estate of……………….. is in possession of the defendant’s legal representatives.
4. That the cause of action arose within the jurisdiction of this Court on ……………….. 19……………….. when……………….. died.
5. The suit is valued at Rs……………….. the amount of the dower debt remaining unpaid, and this Court has jurisdiction to try the suit. Court-fee is paid according to the relief claimed.

RELIEF CLAIMED:

The Plaintiff claims payment of Rs……………. from the defendant’s legal representatives of……………….. and interest from the date of filing the suit till payment thereof. The amount may be realised from the entire estate of……………….. in the hands of the parties in a way as the Court directs.

Plaintiff

Through Advocate

VERIFICATION

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

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

Plaintiff

Filing a Suit for Dower by Legal Representatives of the Wife Against Legal Representatives of the Deceased Husband

In Islamic law, the concept of dower (mehr) is an essential financial right of the wife, safeguarded during her lifetime and, in certain cases, extendable to her legal representatives after her death.

When a husband passes away without paying the agreed-upon dower, the wife’s heirs can pursue a claim against the legal representatives of the deceased husband.

This article explores the legal framework and procedural aspects of such a suit.

Understanding the Scenario

A Suit for Dower by Legal Representatives of the Wife arises under the following circumstances:

1. The wife and husband, both Sunni Muslims, entered into a marriage contract with a specific dower amount.
2. The husband failed to pay the dower, either during the marriage or upon its dissolution by death.
3. The wife’s legal heirs, upon her demise, claim the unpaid dower as part of her estate.

Legal Point of the Suit

1. Marital and Dower Details

The plaint must establish that:

• The parties were Sunni Muslims.
• The marriage was performed according to Sunni Muslim law.
• A specific dower amount was agreed upon and remains unpaid.

Example:
“That [wife’s name] and [husband’s name] were Sunni Mohammedans married on 2025 according to Muslim law, with Rs. [amount] settled as dower, which remains unpaid.”

2. Death of Both Spouses and Identification of Legal Heirs

The suit should detail the demise of the wife and husband and identify their legal heirs.

Example:
“That [wife’s name] passed away on 2025, leaving her step-son [name] as her only legal representative. Subsequently, [husband’s name] also passed away on 2025, leaving [names of heirs] as his legal representatives.”

3. Distribution of the Estate

The plaint must describe the possession and distribution of the deceased husband’s estate.

Example:
“That [heir’s name] possesses house No. [details], while the remaining estate is in the hands of the defendant’s legal representatives.”

4. Cause of Action and Jurisdiction

The suit must establish that the cause of action arose due to the husband’s unpaid dower and confirm the court’s jurisdiction.

Example:
“The cause of action arose within this court’s jurisdiction on 2025 when [husband’s name] passed away without fulfilling the dower obligation.”

5. Relief Claimed

The plaintiff seeks payment of the unpaid dower along with interest from the husband’s estate.

Example:
“The plaintiff claims Rs. [amount] as the unpaid dower, to be realized from the estate of [husband’s name] held by the legal representatives.”

Legal and Procedural Framework

Grounds for Claim

Under Islamic law, the dower is considered a debt owed to the wife. If unpaid during her lifetime, her legal heirs can recover it from the husband’s estate, ensuring her financial rights are honored.

Court Jurisdiction and Valuation

The suit must be filed in the appropriate court within the jurisdiction where the cause of action arose or the estate is located. The plaint should include the monetary valuation of the dower debt and attach appropriate court fees.

Verification Clause

The plaintiff must affirm the accuracy of the plaint’s contents through a formal verification statement.

Example:
“I, [plaintiff’s name], verify that the contents of paragraphs [X] to [Y] of the plaint are true to my personal knowledge, and paragraphs [Z] and [AA] are based on legal advice, which I believe to be true. Verified on 2025 at [location].”

Relief and Execution

The court may direct the realization of the unpaid dower from the deceased husband’s estate. This includes:

1. Identifying and valuing the estate assets.
2. Distributing the amount proportionally among the legal heirs.
3. Awarding interest, if applicable, from the filing date until payment.

Role of Legal Assistance

A suit for dower involves intricate legal and procedural details, particularly when filed by legal representatives. Properly drafting the plaint, establishing the rightful claim, and navigating inheritance laws require expert legal representation.

Legal Light Consulting specializes in Islamic family law and inheritance disputes, offering tailored solutions for dower claims.

Contact us for professional assistance and safeguard your rightful claims.