Validity of a talaq when Mehr is not returned

हिंदी में पढ़ें
November 29, 2018
By Advocate Chikirsha Mohanty



What is a Mehr?

Under the Muslim Law, Mehr (dower) means money or property which the wife is entitled to receive from the husband in consideration of the marriage but this consideration is not the same as that of the civil contract.

Dower is an obligation imposed upon the husband and the object of the dower is to provide the wife for her subsistence after the dissolution of her marriage so that she may not become helpless after the death of the husband or termination of the marriage by divorce.

Mehr is also considered as the part of maintenance while fixing the amount of maintenance under Section 125 of Criminal Procedure Code,1973. Since there is no clear-cut definition as per Muslim Personal Laws regarding the dower (Mehr) amount, different High Courts and Supreme Court of India in different cases rendered different conceptions relating to Mehr.
 

What is the validity of a talaaq if Mehr is not paid by the husband to his wife in the event of a divorce?

Muslim law is a contract between the husband and wife. And Mehr is the amount of consideration paid to or promised to be paid to the wife. Just like a contract is declared invalid, in the event of non – payment of the consideration. A talaaq is also considered invalid if the Mehr amount is not paid.

A Mehr is a right of the married Muslim women and she can sue her husband if he refuses to pay her Mehr.
 

What are the rights of the wife in case of non-payment of Mehr?

  • Mehr is like a debt and the husband is liable to pay it to the wife before the consummation of marriage. Until it is paid, the wife has a right to resist cohabitation with the husband.

  • If the wife is in possession of the husband's property, she has a right to retain it until dower is paid. She does not get a title to the property and does not get a right to alienate it.

  • The wife can sue heirs of the husband for payment of dower.

  • If the dower is deferred, the wife is entitled to it upon dissolution of marriage either due to divorce or due to death.

  • Dower is a vested right and not a contingent right. Thus, even after the death of the wife, her heirs can demand it.

  • If dower has not been agreed upon at the time of marriage, courts can decide the amount of dower by taking the financial status of the husband, age of wife, cost of living, the property of the wife, into consideration.
     

What types of Mehr is paid to a wife?

A Mehr is generally of two types -

Prompt Mehr: This means the total amount of Mehr payable by the Husband at the time of the signing of marriage contract.

Deferred Mehr: This means the portion of the Mehr which is payable to the wife at a specified point in the marriage or at the time of the dissolution of the marriage through divorce or death of the husband. Any deferred Mehr that remains unpaid at the time of dissolution becomes a debt against the former husband’s assets.
 

Can a wife relinquish her right of Mehr?

A wife may relinquish or remit her right to Mehr in favour of her husband. She may do so either out of natural love or to gain affection from her husband. This act is termed as remission of Mehr by the wife. The wife may remit the whole or only a part of her specified Mehr.
After a lawful remission, the husband is under no legal obligation to pay the remitted part of Mehr to the wife.



 

These guides are not legal advice, nor a substitute for a lawyer
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November 29, 2018 Validity of a talaq when Mehr is not returned https://lawrato.com/assets/images/lawguide.png
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Written plainly to be understood by anyone who is from a non-legal background.

Sarika on May 28, 2019
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The article is written ver well. Learned a lot about my case through this.

Rajeev on May 27, 2019
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needed more information. Where to call?

Harpreet on May 06, 2019
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nice work with the article.

Varsha on Jun 08, 2019
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very well written

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solved my queries.

Rashi on Jun 07, 2019
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good work

Sonali on May 08, 2019
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great legal advice

Rekha on May 12, 2019
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very detailed and informative

Sudhakar on Jun 06, 2019
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Very nice article. English is very simple. Thank you for the information.

Khushboo on May 10, 2019
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nice legal article.

Bharath on Jun 08, 2019
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needed more information on the law

Bhaskar on Jun 08, 2019
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Thanks for the detailed article.

Shivangi on May 06, 2019
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Helped a lot in understanding the law.

Laxmi on Jun 03, 2019
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Understood the subject with clarity.

Jayesh on May 13, 2019
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Nice one.

Ashok on May 15, 2019
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loved the way concept is explained. Nicely written for any layman to understand.

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needed a lawyer….what is the procedure?

Ramesh on May 13, 2019
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good article. Can you give some more detail on the issue.

Reena on Jun 06, 2019

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