INCIDENCE OF DOWER IN CASE OF DIVORCE
Half of dower shall become due to pronounce ment of divorce or disolution
In the event of death of one of spouse, during the continuous of a valid contract of marriage the entire dower shall become payable irrespective of the fact weather valid retirement has or has not taken place.
REDUCTION IN AMOUNT OF DOWER
During the continuation of marriage,
A. The wife may reduce her dower or
B. The husband may increase the fixed dower
WIFE REFUSAL TO RESTITUTION OF CONJUGAL RIGHTS FOR NON PAYMENT OF PROMPT DOWER
The wife till the non-payment of her prompt dower shall be entitled to refuse to live with her husband and submit to conjugal obligation. Though previously cohabitation may or may not have taken place.
DOWER TEMPT
1.
Dower is a debt that takes precedence over all rights acquired under a will all by inheritance.
2.
The widow on the death of her husband can realize her dower from property of her diseased husband.
VALID RETIREMENT
Valid retirement means getting together of husband and wife alone at a place, house or park, where there impediment (hurdle) wether physical or natural or legal in having sexual intercourse.
The place, house or the room should be such where no one else might have an access without thier permission.
IMPEDENTS TO VALID RETIREMENT
Are of three kinds;
1. Physical impediment:
It meant that husband or wife be suffering from such a disease that it may prove as impediment in having sexual intercourse, on the account of which there may be a risk of injury.
2. Natural impediment
Means and include that the women on her monthly cycle or bleeding after child birth.
3. Legal impediment
It is meant that the husband or the wife be either observing fast or be engaged in compulsory prayer.
EFFECTS OF VALID RETIREMENT
1. Valid retirement as regards its effects shall be understood to be the substitute of cohabitation for the following purposes.
A. Making the entire dower incompent on the husband.
B. Establishing paternity to the issues
c. Making the term of prohibition ( on the wife incompent.
D. Making the mantanace of wife during her term of probation incompent of her husband.
2.
Valid retirement as regards its effects shall not be deemed to be the substitute of cohabitation in the following incident
A. Loss of madenhood
B. Sentence of stoning to death
C. Prohibition of marriage of daughter of wife from her former husband
D. Revocation of divroce
E. Inheritance
(Ye sunni the)
Now in Shia law, where valid retirement as such is of no consequences as regards the rights of parties, cohabitation must be true either by circumstancial evidence of valid retirement or otherwise to give rise to legal eefcts.
According to
The dower .... Mmm. .... Becomes incompent or cohabitation mere retirement does not make incompent on husband.
16 feb, Wednesday
Maintenance allowance is the consideration for the control which the husband exercises over movements of wife, it includes proper food, clothing and accommodation. Shariah has given right to the husband to retain a hold on his wife in return whereof it is obligatory on him to provide maintenance to her
Nafqa generally includes food, clothes and dwelling. There are other necessary articles as well which are included in Nafqa which are included in Nafqa and are necessary for the lively hood and comfort of women. Under the Shariah it is duty of husband to provide cooked food and stitched clothes to his wife. A wife can not be compelled to cook food for herself much less for the husband nor she is compelled to stitch her clothes. The husband is bound to provide her a separate house or a separate portion of the house which has an independent entrance and exit. Although she can by her free will live with the parents and other relations of husband.
The wife's maintenance becomes obligatory on the husband because of her surrendering herself to him. There are three grounds which makes it obligatory on one to provide the maintainence for the dependents.
1. Marriage
2. consanguinity
3. Ownership
The husband's liability to maintain his wife is created by marriage, the other terms of consanguinity which makes it obligatory upon the parents to maintain the children or places upon the children liability to maintain their aged parents. The Third reason for maintenance is ownership. The bases of husband's liability to mantain his wife is not merely marriage but it arises out of wife's surrender of her person to the husband. In other words, when the wife puts herself under the control of the husband. Her mantanace becomes obligatory on him. But there is an exception to this general rule, if the husband due to his own shortcomings is unable to keep his wife with him or does not wish to keep his wife with him for his own reason, the wife's right of maintenance shall not be affected.
It is obligatory on the husband to mantain his wife and behave with her on equitable (fair unjust) term that he should take proper care of her comfort if the husband has more than one wife he should apart from other matters provide maintenance evenly as should treat them equitably.
CONDITION OF OBLIGATION TO MAINTAIN
it is obligatory to the husband to mantain his wife in following cases:
1. When the marriage is valid
2. when the wife has placed herself under the control of husband.
2. When wife is physically mature for consubaption, irrespective of the fact that husband is minor or unable to having intercourse with her.
4. When the wife is residing at the house of her parents and the husband has not asked her and husband has not asked her to come to his house or refusesto keep her at house without sufficient cause.
5. When the wife refuses to go to the house of her husband and / or reside with him on account of non-payment of her prompt dower or for any other sufficient cause whether the marriage has been consumated or not.
Marital rape pr CASES
1 perosn, 1 case
{Nabi SAW when was born, he got milk}
21 feb, Monday
CIRCUMSTANCES IN WHICH MANTANENCE IS NOT OBLIGATORY
The husband will not be liable to mantain hus wife in the following cases
1. When the wife is unable of sexual intercourse for being underage but in case of insanity or oldage even if she is not capable of sexual intercourse, the right of maintainence shall not be affected.
2. When she is so sick after the marriage , she is unable to come to the house of her husband
3. When the wife goes out for Hajj without permission of her husband except when the Hajj is obligatory on her.
4. When the wife is in employment of somebody and inspite of her husband's objection remains outside the house.
5. When the wife is imprisoned but in case of her husband imprisonment she shall not be deprived of her maintainence.
6. When the wife is being disobedient and without the leave of her husband with no valid cause leaves the house of her husband or if the house belongs to her, she denies her husband's entry and live with her
Explanation:
If the wife lives in the house of her husband she will not for the purpose of mantanence be deemed. Although she refuses the husband to cohabit with her.
7. When the marriage is irregular as well as in case of cohabitation taken place of doubt after the defective marriage become known to the parties except where the irregularity is caused for what of witnesses at the time of nikah.
8. When the wife without any valid reason lives or resides separates from her husband or refuses to accompany him to another city except when the prompt dower inspite of demand remains unpaid. or according to some Agreement between the parties related to mantanence allowance.
9. When wife becomes apostate.
10. When judicial separation has taken place owing to some sinful acts commited by the wife.
11. When the wife observes iddat for the death of her husband
EXCEPTION
if the widow is pregnant from her husband at the time of his death her mantanence shall be incompent till the child is delivered.
12. When someone entices away the wife.
PASSED MANTANENCE
The wife shall be entitled to claim payment to her of the proper maintenance, expenses for the past period. If the husband has neglected or failed to pay according to Hanafi School of law the wife can not claim passed mantanence from her husband unless there is an agreement between them or there is ........ Entitling her to recieve mantanence from her husband according to Shaqais school she is entitled to claim passed maintenance, Maliki and Hanbali has same opinion.
MODES OF RECOVERY
there are 3 modes of recovery by a wife in
Pakistan
1. Through Under Family Court Act 1964
2. Under setion 448 under 1898......
3. Under section of Muslim Family Law Ordinance 1961 through the arbitration council.
IMPRISONMENT ON ACCOUNT OF NON-PAYMENT OF MANTANENCE
If the husband neglects or commits default in providing mantanence for his wife she is entitled to apply to a court seeking imprisonment of her husband. The court shall at the first instance order payment of maintenance expenses, in case the husband despite the order passed fails to pay maintenance, the court shall sentence him to imprisonment not exceeding one month at a time.
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