Just after the completion of a marriage the right to dower is immediately vested in the wife. After getting this right she may or may not enforce it against her husband. She may relinquish or remit her right to dower in favour of her husband.
She may do so either out of natural love or to gain affection from her husband. This act is termed as remission of dower by the wife. The wife may remit the whole or only a part of her Specified Dower. After a lawful remission, the husband is under no legal obligation to pay the remitted part of dower to the wife.
Image Source: 185.26.182.219
ADVERTISEMENTS:
It may be noted that if before the marriage a woman agrees that after marriage she would not demand any dower or she would not exercise her right to dower, the agreement is void because dower is inseparable from a Muslim- marriage.
But, after the marriage, the ‘right to dower’ comes in her hands and becomes her own property. She is then free to deal with this property as she likes. Therefore, she may surrender or make a gift of the whole or a part of the dower in favour of her husband. However, remission of dower by the wife must be lawful. Remission of dower is lawful if the following conditions are fulfilled:
Conditions for valid Remission:
(1) The wife must be adult and sane at the time of remission of dower; a minor wife cannot remit her dower. As remission of dower by the wife is like a gift by wife to the husband (Hiba-e-Mahr) it has been observed by Madras and Patna High Courts that wife must be major according to the Indian Majority Act, 1875, i.e. she must have attained the age of 18 years.
But according to Allahabad High Court, since wife is to relinquish the dower and for purposes of marriage and dower the age of majority is age of puberty, the wife is required to have attained the age of puberty (15 years) at the time of remission.
ADVERTISEMENTS:
It is submitted that the correct view is that of the Allahabad High Court.
(2) The remission of dower by the wife must be made with free consent. It must be made voluntary, without any undue influence or threats in her mind. If the wife has relinquished her right to dower under coercion, threats, undue influence or in an abnormal state of mind, her consent is not free and the remission is void.
Such a remission is not binding upon the wife. Where a widow remitted her dower while the dead body of her husband was still lying, it was held by the court that remission was not valid because she was in great mental distress at that time and her consent was not free.
(3) When the wife remits her claim of dower, it is regarded as a release of the dower in favour of her husband. Remission of dower is ‘release’ because it is relinquishment of a right to property. Under the law, such release is not valid unless it is in writing. Remission of dower, therefore, must be in writing.
Absolute or Conditional Remission:
ADVERTISEMENTS:
The remission of dower may either be absolute or conditional. The remission is conditional if the wife abandons her right to dower in lieu of something being done. Thus, a wife may relinquish her claim of dower subject to a condition that the husband would pay to her Rs. 100 per month as special allowance up to a fixed period.
After the death of the husband, the widow’s right to dower is exercisable against the legal heirs of husband. A widow can remit her claim of dower also against such legal heirs either absolutely or conditionally.