MT MAIMUNA BEGAM Vs. SHARAFAT ULLAH KHAN

JUDGEMENT

(1.) This appeal arises out of a suit for dower instituted by the plaintiff against the defendant. It is common ground that the plaintiff's dower was fixed at Rs. 35,000 at the date of the marriage which took place on 21 March 1920. The plaintiff's case was that the prompt portion of her dower should be treated as one-half of the total dower and this should be decreed to her with arrears of interest. She said that she had demanded payment at the end of 1924 and in the middle of January 1925. She accordingly claimed a sum of rupees 1,930 as arrears of interest.

(2.) The defence was that no particular portion of the dower had been declared to be prompt at the time of the marriage, and that the plaintiff was not entitled to any interest.

(3.) The lower Court held that it was in the discretion of the Court having regard to all the circumstances of the case to say what proportion of the entire dower should be allowed as the prompt dower. The learned Judge refused any interest and decreed the claim for Rs. 11,000 and directed that it should be paid at the rate of Rs. 300 a month.