ABI DHUNIMSA BIBI Vs. MAHAMMAD FATHI UDDIN

JUDGEMENT

(1.) This is a suit by a Muhammadan lady for dower. The defence is that when her husband was on his deathbed and she was only fifteen years of age, she relinquished her right to the dower. The question for consideration is whether this relinquishment debars the plaintiff from suing to recover it. The District Munsif found that the dower was released but the release was brought about by undue influence and fraud, and that consequently plaintiff was entitled to recover it. The learned District Judge has written an interesting judgment in which, while accepting the conclusion of the District Munsif that there was a release of the dower, he differs from the lower Court on the question of fraud and finds that the release is binding upon the plaintiff.

(2.) The question is not covered by any authority and is one of some importance. It has to be decided on first principles. Under the Muhammadan Law a dower, as pointed out by Mr. Justice Abdur Rahim at page 334, in his book on Muhammadan Jurisprudence, is: a sum of money or other form of property to which the wife becomes entitled by marriage; it is not a consideration proceeding from the husband, for the contract of marriage, but is an obligation imposed by the Law as a mark of respect for the wife.

(3.) In Hamilton s Hedaya, Chapter 15, section I, the right to dower is said to have been founded upon the text: Let him support her according to his ability.