#Divorced
Автор: The LLB Guide
Загружено: 2025-05-28
Просмотров: 647
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What happens when a Muslim husband divorces his wife but hasn’t paid the Mahr (Dower)? Does the wife lose her right to claim it?
In this short, learn about the legal rights of a divorced Muslim wife if her dower remains unpaid, including the right to sue, retain property, and refuse cohabitation. This is a crucial concept for LLB students studying Family Law-II (Muslim Law).
📚 Explained with a simple example for quick understanding.
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“Unpaid MAHR? Wife Still Has These Rights!”
“Talaaq ke baad bhi MAHR milega?”
“Divorce ke baad 💔 Biwi ka Haq 💰Baqi hai!”
Top 5 Important Questions & Answers:
1. Q: Can a Muslim wife claim dower after divorce?
A: Yes, she can sue her husband or his heirs for the unpaid dower.
2. Q: What is the right to retain property in case of unpaid dower?
A: The wife can keep possession of the husband’s property until the dower is paid but cannot sell or own it.
3. Q: Can a wife refuse to live with her husband if prompt dower is unpaid?
A: Yes, if the marriage is not consummated and prompt dower remains unpaid, she can refuse cohabitation.
4. Q: What happens to dower if the husband dies before paying?
A: The wife can claim it from the husband’s estate or heirs.
5. Q: Is written evidence required for dower claims?
A: While not mandatory, written proof (like Nikahnama) is highly advisable for legal proceedings.
I have made a video on "Nature and rights of divorced wife in case of unpaid dower in a short and simple with example." which is for LLB 2nd semester. The subject name is FAMILY LAW-II (MUSLIM LAW)
The Video is based on below content:
In cases of divorce where dower (Mahr) remains unpaid, a divorced Muslim wife retains certain rights. She can demand the prompt dower (due immediately) and can refuse cohabitation until it's paid if the marriage hasn't been consummated. She can also sue her husband or his heirs for the unpaid dower. If the husband dies, she can retain possession of his property until the dower is paid, but this right is limited to recovering the debt, not ownership. For instance, if a wife is divorced and her husband has not paid the dower, she can sue him or his heirs in court to recover the amount owed.
Key Rights of a Divorced Wife with Unpaid Dower:
Right to Refuse Cohabitation:
If the prompt dower is unpaid, a wife can refuse to live with her husband if the marriage hasn't been consummated.
Right to Sue for Dower:
The wife can file a lawsuit against her husband or his heirs to recover the unpaid dower.
Right to Retain Possession of Property:
If the husband's property is in her possession, she can retain it until the dower debt is settled, but she doesn't become the owner and cannot sell it.
Right to Demand Prompt Dower:
She can demand the prompt dower, which must be paid immediately upon marriage or when demanded.
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