court ought to have made the satisfaction of the decree for recovery of dower as a condition for enforcement of the decree for restitution ... This, however, brings me to the question whether the decree for recovery of dower is sustainable.
11. One of the grounds of objection against
dower; that the whole amount of the dower was still due; that she was entitled to interest on her dower at the rate ... lieu of dower, she could not sue for the recovery of her unsatisfied dower even by offering to surrender or surrendering her possession
recovery of prompt dower and a dower therefore in such a case must be taken to be a deferred dower. Alternatively, he contends that ... dower and the possession of the widow was in lieu of her entire dower and there was no question of prompt dower involved
dower; that the whole amount of the dower was still due; that she was entitled to interest on her dower at the rate ... lieu of dower, she could not sue for the recovery of her unsatisfied dower even by offering to surrender or surrendering her possession
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
called prompt dower, and the one payable on dissolution of marriage by death or divorce is known as deferred dower. The dower may be either ... payment of the dower is postponed until demanded by the wife, such dower is also prompt dower but not deferred dower. Where there
Family Court, Dhanbad under
Section 292 of the Mohamdan Law for recovery of Dower of Rs. 39,000/- on the
ground that her husband ... complainant, who had filed the
petition for recovery of the Dower amount and utensils, which were given to the
petitioner no.1 during marriage
wife and children with a prayer for maintenance and recovery of dower dues, besides direction for return of cash and ornaments.
2. The case ... arrear maintenance from 01.08.1990 to 06.01.1992 and rejecting the claim for recovery of dower and dowry articles or price thereof.
8. In the instant case
which the Court below has refused execution of a decree for recovery of dower debt, on the ground that the properties against which the decree ... wife. The appelant sued the heirs of her husband for recovery of the dower-debt and obtained a decree against them on the 28th January
also been
filed by the respondent-wife for recovery of dower.
3. He further submitted that the matter was referred to meditation,
however, no resolution ... concerned, the same has been
filed by the wife seeking recovery of dower and is pending before the
Court of District Judge, Poonch. The same