Law: Dissolution of Muslim Marriages Act (VIII of 1939)

Section: 2

  Muhammadan Law----Non-payment of prompt dower Lawful excuse for wife to refuse herself to her husband until it is paid.   The right to prompt dower given to a wife is a right which cannot be defeated by the husband even on the ground of his being denied the society of his wife. The wife is under the Muhammadan Law entitled to refuse herself to her husband until and unless the prompt dower is paid to her.   Muhammadan Law---Maintenance-Husband not absolv ed of his liability to maintain wife even if she be not residing with him on some lawful excuse e.g, non-payment of prompt dower.   It is incumbent on a husband to maintain his wife and he is not absolved of his liability to maintain her even though she be not residing with him provided she has a lawful excuse or a legal right to refuse to live with her husband, e.g., on account of non-payment of prompt dower.   Hamilton's Hedaya Book IV, Volume I, p. 394; Ameer Ali's Muhammadan Law, Volume II, p. 406; Baillie's Digest of Muhammadan Law, Book VI, p. 441 and Najiman Nissa Begum v. Sarajuddin Ahmad Khan A I R 1946 Pat.467 ref.   Dissolution of Muslim Marriages Act (VIII of 1939) S. 2 (ii)-Non-payment simpliciter of maintenance does not constitute failure or neglect within meaning of S. 2 (ii).   Dissolution of Muslim Marriages Act (VIII of 1939) S. 2 (ii)-Maintenance-Nature of duty cast upon husband, not being defined in the Act, has to be ascertained from general Muhammadan Law on subject.   The Dissolution, of Muslim Marriages Act, 1939, does not prescribe the duty of a husband as regards the maintenance of the wife, and as such, the only source from which the extent and the nature of the said duty can be ascertained is the Muhammadan Law on the subject.   Jafar Hussain v. Mst. Akbari Begum I L R 26 .Lah. 517; Mst. Shamlm Fatma v. Ahmadullah Khan A I R 1947 All. 3; Ahmad Ali v. Sabha Khatun Bibi and others P L D 1952 Dacca 385; Ainuddin Karikar v. Salatannessa Bibi P L D 1953 Dacca 216 and Mst. Aisah Bibi v. Sain P L D 1952 Lah. 460 ref.   Bengal Muhammadan Marriages and Divorces Re gistration Act, 1872--Registration of marriages Whether…