Validity of a talaq when Mehr is not returned

हिंदी में पढ़ें
June 24, 2019
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.

Connect with an expert lawyer for your legal issue
 

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.

    Consult: Top Divorce Lawyers in India
     

  • 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.

Connect with an expert lawyer for your legal issue
 

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
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Muslim Lawyers


Advocate Barkha Bhalla
Banjara Hills, Hyderabad
16 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
25 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
11 years Experience
Advocate Sudershani Ray
Kailash Hills, Delhi
12 years Experience

Related Articles


Connect with top Muslim Law lawyers for your specific issue

Muslim Law Articles


Learn What Is Triple Talaq With This Muslim Divorce Law Guide

Inheritance under Muslim law

The Dissolution of Muslim Marriages Act, 1939

The Muslim Women (Protection of Rights on Divorce) Act, 1986

User Reviews


4.9 - 15 reviews
S
LawRatoLawRatoLawRatoLawRato

thanks for the advice

Sandip on Nov 01, 2019
S
LawRatoLawRatoLawRatoLawRato

good work. Keep it up

Sathish on Oct 21, 2019
J
LawRatoLawRatoLawRatoLawRato

can you share your helpline number

Jyothi on Oct 21, 2019
S
LawRatoLawRatoLawRatoLawRato

nice one. Please share more info

Shruti on Dec 03, 2019
J
LawRatoLawRatoLawRatoLawRatoLawRato

good article. Please provide more info

Jagdish on Nov 11, 2019
H
LawRatoLawRatoLawRatoLawRatoLawRato

who can I contact for my legal case?

Harsh on Nov 25, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Good legal advice

Akansha on Nov 11, 2019
R
LawRatoLawRatoLawRatoLawRato

excellent article. Very informative

Robin on Nov 10, 2019
G
LawRatoLawRatoLawRatoLawRatoLawRato

needed some more information on the subject.

Govind on Nov 17, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

Nicely written article. Very comprehensive.

Anurag on Nov 23, 2019
S
LawRatoLawRatoLawRatoLawRato

nice artcile

Surender on Nov 16, 2019
S
LawRatoLawRatoLawRatoLawRatoLawRato

loved the way concept is explained. Nicely written for any layman to understand.

Sonali on Oct 21, 2019
K
LawRatoLawRatoLawRatoLawRatoLawRato

thank you for the information

Kirti on Nov 15, 2019
A
LawRatoLawRatoLawRatoLawRato

very well written

Akshay on Dec 04, 2019
A
LawRatoLawRatoLawRatoLawRato

needed a lawyer….what is the procedure?

Anitha on Oct 24, 2019

VIEW ALL