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Seth Nemi Chand Vs. Musammat Maluk Begam and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in5Ind.Cas.316
AppellantSeth Nemi Chand
RespondentMusammat Maluk Begam and anr.
Excerpt:
muhammadan law - dower, deferred--transfer of property--consideration--demand for deferred dower. - .....i of 1877 from the commissioner of ajmere. two questions were submitted to us, namely, (1) whether deferred dower can form a valid consideration for the transfer of property daring the life-time of the husband who has not divorced the wife; and (2) whether the wife under the circumstances can demand payment of the deferred dower.2. in our opinion the answer to the first question should be given in the affirmative. the answer to the second question is that a wife is not entitled as of right to demand payment of deferred dower, but the husband is entitled if he pleases to pay the defendant her dower before it is due or to discharge and satisfy his obligation in any other legal way. we direct that a copy of this judgment be sent to the commissioner of ajmere. the costs of this court will be.....
Judgment:

1. This is a reference under Regulation I of 1877 from the Commissioner of Ajmere. Two questions were submitted to us, namely, (1) whether deferred dower can form a valid consideration for the transfer of property daring the life-time of the husband who has not divorced the wife; and (2) whether the wife under the circumstances can demand payment of the deferred dower.

2. In our opinion the answer to the first question should be given in the affirmative. The answer to the second question is that a wife is not entitled as of right to demand payment of deferred dower, but the husband is entitled if he pleases to pay the defendant her dower before it is due or to discharge and satisfy his obligation in any other legal way. We direct that a copy of this judgment be sent to the Commissioner of Ajmere. The costs of this Court will be certified and a memorandum thereof will be sent to the Commissioner.


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