SUIT FOR RECOVERY OF PROMPT  DOWER

IN THE COURT OF THE………………..

Suit No………………… of 19………………..

D………………………………………………………….. Plaintiff

versus

F……………………………………………………….. Defendant

The abovenamed plaintiff most respectfully submits as under: —

1. That the plaintiff was married with the defendant on……………….. 19 ……………….. according to Muslim Law and rites applicable to Sunhis in India, and dower debt of Rs………………… was settled, out of which Rs……………….. was settled to be prompt dower. Both the parties are Sunni Mohammedans.
2. That the defendant has not paid the prompt dower aforesaid, and has been evading the payment on one make-belief or the other.
3. The cause of action arose on……………….. when the defendant refused to pay any prompt dower, and this Court has jurisdiction to try the suit.
4. The suit is valued at……………….. rupees the amount of prompt dower, settled at the time of marriage/or it is expedient that the Court may be pleased to adjudge Rs………………… as prompt dower or any other amount which the Court may deem fit. Court fee is paid according to the relief claimed.

RELIEF CLAIMED:

The plaintiff claims payment of Rs………………… or any other amount as the Court may deem fit, as the prompt dower from the defendant.

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

PLURALITY OF MARRIAGES

The right is not unconditionally conferred on husband. His capacity to do justice between co-wives is a condition precedent.1

1. Lily Thomas v. Union of India, AIR 2000 SC 1650.

Suit for Recovery of Prompt Dower: Legal Framework and Insights

The concept of dower (mehr) is a cornerstone of Islamic matrimonial law. It is a financial obligation owed by the husband to the wife as a token of respect and commitment.

When the prompt dower remains unpaid, the wife has the legal right to initiate a suit for its recovery. This article explores the legal framework governing the recovery of prompt dower and the procedural aspects of filing a suit.

Understanding Prompt Dower

Dower (Mehr) is categorized into two types:

1. Prompt Dower: Payable immediately after the marriage is solemnized or on demand by the wife.
2. Deferred Dower: Payable at a later date or upon the dissolution of the marriage.

Prompt dower, being an immediate liability, is enforceable through legal action if unpaid.

Legal Point of a Suit for Recovery of Prompt Dower

1. Marital Contract and Dower Agreement

The plaintiff must establish the marriage contract and the agreed-upon dower amount, specifying the portion identified as prompt dower.

Example:
“That the plaintiff was married to the defendant on 2025 according to Sunni Muslim law, with a dower debt of Rs. [amount], out of which Rs. [amount] was settled as prompt dower.”

2. Non-Payment by the Defendant

The plaint should detail the defendant’s failure to fulfill the dower obligation.

Example:
“That the defendant has not paid the agreed prompt dower and has been evading payment on false pretenses.”

3. Cause of Action and Jurisdiction

The suit must state when and how the cause of action arose and affirm the court’s jurisdiction.

Example:
“The cause of action arose on 2025 when the defendant refused to pay the prompt dower, and this Court has jurisdiction to try the suit.”

4. Relief Sought

The plaintiff seeks a decree for the payment of the unpaid prompt dower or an amount adjudged by the court.

Example:
“The plaintiff claims Rs. [amount] as the prompt dower or any other amount deemed fit by this Hon’ble Court.”

Legal Context

Dower as a Fundamental Right

Under Islamic law, the dower is a fundamental right of the wife, enforceable against the husband or his estate. Failure to pay the prompt dower can lead to legal consequences, including the wife’s refusal to cohabit with her husband until payment.

Judicial Precedents

The judiciary has consistently upheld the wife’s right to dower. For example, in Lily Thomas v. Union of India, the Supreme Court emphasized that rights under Muslim law, including those related to dower, are not absolute and must align with principles of justice.

Verification and Procedural Compliance

The plaintiff must affirm the plaint’s contents through a verification clause, asserting the truthfulness of the facts based on personal knowledge and legal advice.

Example:
“I, [plaintiff’s name], verify that the contents of paragraphs [X] to [Y] 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].”

Plurality of Marriages and Dower

In cases involving plural marriages, Islamic law requires the husband to ensure fairness and justice among co-wives.

The Supreme Court of India, in Lily Thomas v. Union of India, clarified that a husband’s capacity to do justice is a prerequisite for plural marriages under Muslim law.

This principle indirectly affects dower disputes, as fairness in financial obligations, including dower, is central to justice between spouses.

Conclusion

A suit for the recovery of prompt dower underscores the importance of upholding financial rights within the framework of Islamic marital law. When such rights are violated, the judiciary provides a robust mechanism to enforce them.

Legal Light Consulting offers specialized expertise in Islamic law, including the recovery of dower. Our team ensures effective representation to safeguard your legal entitlements.

Contact us today for professional assistance with your legal needs.