SUIT FOR DOWER AFTER DISSOLUTION OF MARRIAGE

IN THE COURT OF THE………………..

Suit No………………… of 19………………..

CD………………………………………………………….. Plaintiff

versus

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 l/8th share of the properties left by the defendant, she has disclaimed l/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 is 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, abovenamed plaintiff, do hereby verify that the contents of paras ……………….. to……………….. of the plaint are true to my personal knowledge and those vof paras……………….. and……………….. thereof are based on legal advice which I believe to be true.

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

Plaintiff

Understanding a Suit for Dower After Dissolution of Marriage

In Islamic law, dower (mehr) is a fundamental financial right granted to a wife by her husband during or after the marriage. When a marriage dissolves—either through divorce or the death of the husband—the wife retains her right to claim the unpaid dower.

This article explains the process and legal framework for filing a Suit for Dower after the dissolution of marriage under Sunni Muslim law.

What is Dower (Mehr)?

Dower, or Mehr, is a mandatory gift or financial obligation stipulated during the marriage contract under Islamic law. It serves two primary purposes:

1. To acknowledge the financial security of the wife.
2. To provide a financial safeguard in the event of divorce or the husband’s death.

Dower is divided into two types:

• Prompt Dower: Payable immediately upon demand after the marriage or during its subsistence.
• Deferred Dower: Payable upon the dissolution of marriage or an agreed-upon time.

When Can a Suit for Dower Be Filed?

A suit for dower can be filed when:

1. The husband divorces the wife and fails to pay the agreed dower amount.
2. The husband dies without fulfilling his dower obligation, leaving the wife with unpaid dower debt.

Structure of a Suit for Dower

A well-drafted suit for dower must include the following:

1. Marriage Details

The suit should establish the marital relationship between the plaintiff (wife) and the defendant (husband).

Example:
“The plaintiff and the defendant are Sunni Mohammedans, married on 2025 according to Muslim law. At the time of marriage, Rs. [amount] was agreed upon as dower, divided as Rs. [amount] prompt dower and Rs. [amount] deferred dower.”

2. Non-Payment of Dower

The plaintiff must state that the dower amount, both prompt and deferred, remains unpaid.

Example:
“The defendant failed to pay the prompt dower at the time of marriage and has not settled the deferred dower.”

3. Dissolution of Marriage

The suit must describe how the marriage was dissolved, either by divorce or death of the husband.

Example:
“The defendant divorced the plaintiff on 2025 by uttering the words ‘I divorce you’ three times in her presence.”
OR
“The defendant passed away on 2025 without fulfilling the dower obligation.”

4. Claim to the Inheritance

If the husband has passed away, the plaintiff may disclaim her share of the inheritance to adjust against the dower debt.

Example:
“The plaintiff is entitled to 1/8th share of the defendant’s estate and has disclaimed this share in part payment of the dower debt.”

5. Cause of Action and Jurisdiction

The suit must specify the cause of action and confirm the court’s jurisdiction over the case.

Example:
“The cause of action arose on 2025 when the defendant divorced the plaintiff or passed away, leaving the dower unpaid. This court has jurisdiction to try the suit.”

6. Relief Claimed

The plaintiff seeks the payment of the unpaid dower amount.

Example:
“The plaintiff claims Rs. [amount] as the unpaid dower from the defendant or the legal heirs of the deceased.”

7. Valuation of the Suit

The suit must state the monetary value and attach appropriate court fees based on the relief sought.

Legal Framework for Dower Claims

Islamic law recognizes the importance of fulfilling the dower obligation. Courts generally require clear evidence of:

• The agreed dower amount.
• The marital contract.
• The dissolution of marriage.

In case of disputes, courts may interpret the marital agreement or rely on witnesses to establish the dower terms.

Verification Clause

The plaintiff must verify the suit’s contents through a formal affirmation.

Example:
“I, [plaintiff 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].”

Why Legal Assistance is Crucial

Filing a suit for dower involves nuanced legal and procedural steps. Properly establishing the unpaid dower amount and proving the marriage’s dissolution are critical for a successful claim.

Legal Light Consulting specializes in family law and Islamic legal disputes, offering expert representation for dower-related claims.

Contact us for personalized legal assistance and ensure your financial rights are safeguarded