Dower admittedly fixed as Rs.500,000/- and 25 tola gold ornaments in the light of Entry against Column No.15 of the nikahnama between the parties, which ...

The nub of the matter is the contest between the parties in respect of the prompt dower admittedly fixed as Rs.500,000/- and 25 tola gold ornaments in the light of Entry against Column No.15 of the nikahnama between the parties, which in the instant case has been crossed by putting an oblique/cross line. As per respondent's case, the prompt dower was paid at the time of marriage and nothing has been left as deferred or ?on demand' whereas as per learned counsel for the petitioner since Entry No.15 was crossed off, it means nothing was paid and the same was left to the demand of the petitioner. Held: This Court is of the opinion that it is only the deferred dower that becomes due upon certain exigencies, such as death and divorce, whereas once the mode of payment of some part of dower is settled by way of declaring it as prompt, in Column No.15, the obligation to pay prompt dower needs to be clearly mentioned as having been paid at the time of nikah or left payable on demand of the wife. Entry in respect of Column No.15 has been crossed off by putting an oblique line and the same cannot be interpreted to the disadvantage of the petitioner, for the reason that dower, in the context of Muslim marriage, is an obligation under the Holy Quran and Hadith. Burden to prove that said obligation has been discharged is on the husband. The said burden can only be discharged through leading positive evidence.