Mahr or Dower

Definition
 Mahr or dower is a sum that becomes payable by
the husband to the wife on a marriage, either by
agreement between the parties or by operation of
law.
 Dower is a consideration for the surrender of
person by the wife.
 Dower is a consideration which belongs
absolutely to the wife.
 Dower is a sum of money or other property which
the wife entitled to receive from the husband in
consideration of marriage.
 Object of Dower
 To impose an obligation on the husband as a
mark of respect of the wife
 To place a check on the capricious use of
divorce on the part of husband
 To provide for her subsistence after the
dissolution of her marriage, so that she may
not become helpless after the death of the
husband or divorce
 Classification of Dower
 Specific Dower
• Prompt Dower
• Deferred Dower
 Customary Dower
 Specific Dower
 If the amount of dower is stated in the marriage
contract, it is called the specified dower.
 It may be fixed at the time of marriage or after
marriage.
 If marriage of minor boy is contracted by a
guardian, such guardian can fix the amount and
that is binding on the boy even after attending the
majority.
 Specific Dower: Prompt Dower
 Prompt dower is payable immediately after
marriage, unless delay is agreed
 If wife is minor in that case her parent may say
refuse to send her in case of default
 Prompt dower does not deferred after
consummation of marriage and a wife has
absolute
 Once conjugal rights are established, she cannot
say no for further enjoyment of marriage