Family Law-enforcement of dower

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6 Terms

1

Kapoor Chand v. Kadarussia

SC laid down: a) widow, being like any other creditor of the husband cannot claim priority over other creditors for her dower debt

b) however, widow’s dower debt has priority over the claim of heirs

c) heirs of husband are not personally liable for the dower debt; the amount can be realized rateably from the shares of heirs in the husband’s estate.

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2

Anis Begam v. Muhammad Istafa Wali Khan

if such suit for restitution of conjugal rights is brought after marriage has been consummated with the free consent of the wife then the proper decree to be passed is not a decree of dismissal but a decree for restitution conditional on payment of prompt dower.

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3

Maima Bibi v. Chaudhry Vakil Ahmad,

the privy council observed that where the husband gave property to the wife in lieu of dower, after the death of the husband, the widow gifts the property to a certain person, the privy council held that the gift is void for she does not have authority to transfer the property.

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4

Allahabad High court in Zaibunnisa v, Nazim hasan

held that the widow’s right to retention is both inheritable and transferrable

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5

Patna High Court in Zobair Ahmad v. Jainandan Prasad

held that the widow’s right of retention is a personal right and not a lien and as such it is not transferable

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6

Aisa Khatun v. Amarendra Nath

the right to retention of the husband's property arises for the first time on the termination of the marriage either by the death of the husband or by divorce but there is no such right during the continuance of the marriage. 

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