Divorce Act ".
45. While considering this provision in respect to recovery of
dower, the Allahabad High Court earlier found in Ahmadi Bibi v.
Mohammad ... Mabood (AIR 1979 Allahabad 374), that suit in
respect of recovery of dower is outside the purview of the
Limitation Act in view of Section
additionally, 'a
reasonable and fair provision', the relief of recovery of dower and
return of marital gifts. Section 5 of the Act enables
addition to a reasonable and fair
provision, the relief of recovery of dower and return of marital
gifts.
13. While upholding the validity
case in which the husband denied the obligation to pay
dower on the ground that the wife delivered a fully developed child within five
months ... referred to any authority for the
proposition that an agreement to pay dower can be separated
after marriage from the marriage status
make the
payment either in instalments or in bulk. As far as recovery
of the amount is concerned, sub-section (4) of Section ... issued for levying
the amount of maintenance or mahar or dower in the
manner provided for levying fine under
Suprabha vs Sivaraman on 25 January, 2006
Equivalent citations: AIR2006KER187, II(2006)DMC404, 2006(1
C.T. Joseph vs I.V. Philip on 5 March, 2001
Equivalent citations: AIR2001KER300, AIR
Kunhimohammed vs Ayishakutty on 17 March, 2010
Equivalent citations: AIR 2010 (NOC) 992 (KER.), 2010
Majitha Beevi vs Yakoob on 9 March, 1999
Equivalent citations: I(2000)DMC363
ORDER
K
Asan Tharayil Baby vs State Of Kerala on 12 March, 1981
Equivalent citations: 1981CRILJ1165
JUDGMENT