Judgment the court highlighted the concepts of prompt and deferred dower.

In this judgment the court highlighted the concepts of prompt and deferred dower. It was held that dower was divisible into two parts i.e. prompt dower and deferred dower. Prompt dower was realizable by the wife at any time before or after consummation on her demand while deferred dower was payable on divorce or death of the husband. Husband should pay immediately the entire amount of dower whether prompt or deferred if he had contracted second marriage without prior permission of wife and if same was not paid, then such would be recoverable as arrears of land revenue. Classification of dower as prompt and deferred had been made for convenience of the parties. Normally women did not demand payment of full dower at the time of Nikah and only a portion of dower was paid before consummation of marriage and remaining dower was deferred to be paid later which did not mean that either same was waived or was to be treated as deferred till dissolution of marriage. Deferred dower was a sort of guarantee of a woman against ill-treatment, non-maintenance, desertion or any other abnormality in the matrimonial life including rash and arbitrary divorce. When at the time of marriage it was not settled whether dower was to be prompt or deferred then according to Shia Law whole dower would be treated as prompt and according to Sunni Law part of dower would be prompt and part as deferred. Prompt dower was payable during subsistence of marriage but where no time was stipulated deferred dower did not become prompt merely because wife had demanded the same rather same would be payable in the eventuality of dissolution of marriage either by death or divorce.

2015 MLD 73