Dower and family law.

1. KAZI SAJJADUR RAHMAN
LT BN
LAW OFFICER
BNS SHAHEED MOAZZAM

2.  Dower (Mahr).
 Definition. “Dower is not the exchange or consideration
given by the man to the woman for entering into the
contract; but an effect to the contract imposed by the law
on the husband as a token of respect for the woman”
› The dower is called a ‘Mehr’ and it is like a gift to the wife. This
amount paid to the wife by the husband is according to his and
earning. This dower is decided by the parties to the marriage;
man and woman.

3.  Dower (Mahr).
 Purpose. Dower is a provision accorded by law but traditionally
by a husband or his family, to a wife for her support in the event
that –
› the husband is away from home and location is unknown, or
› she should become widowed.
 It was settled on the bride (being gifted into trust) by agreement
at the time of the wedding, or as provided by law.

4.  Dower (Mahr).
 Purpose. According to the Prophet (SM) the dower is given to
the woman after the marriage as a matter of great honour and
respect which is given to her to marry into a new family and start a
new life in her matrimonial home.

5.  Kinds of dower.
› Specified dower. An amount settled by the parties at
the time of marriage or after.
 The husband is bound to pay the amount of the
specified dower, however excessive or beyond the
reach it may be.
› Unspecified dower. Where dower has not been settled
at the time of the marriage or after, it is fixed with
reference to the social position of the wife’s family and
her own personal qualifications.

6.  DOWRY. A precondition for the establishment of a marital relationship by
one party to the other during the marriage or before or during the existence
of the marital relationship, provided that the marriage continues, for the
dowry of the marriage, directly or indirectly. It may be money or other
property given or agreed to be given.
 Penalty for claiming dowry. Imprisonment for a term not exceeding 5
(five) years but not less than 1 (one) year or a maximum of 50, 000 (fifty
thousand) will be punishable by a fine or both.
 Penalties for giving or receiving dowry. Imprisonment for a term not
exceeding 5 (five) years but not less than 1 (one) year or a maximum of
50, 000 (fifty thousand) will be punishable by a fine or both.

9.  Family is based on emotions and sentiments. Mating,
procreation, maternal and faternal devotion, love and
affection are the basis of family ties. ...
 Each family is made up of different social roles, like those
of husband, wife, mother, father, children, brothers or
sisters.

10.  Maintenance - The best ways of showing
your love and care -
› Talk to them. ...
› Don't shy away from physical affection. ...
› Write notes. ...
› Spend quality time together. ...
› Do something without being asked.

25.  Control over a spouse’s sexual services, labor, and
property.
 Responsibility for a spouse’s debts.
 Right to visit spouse
 Establishing the legal guardianship of child.
 Establishing a joint fund of property
 Establishing a relationship between the families of the
spouse
 Right to divorce
 Right to inheritance

26. Maintenance of Wife
 Maintenance includes food, clothing, lodging and other necessary
expenses for mental and physical well-being of a person.
 A husband is liable to provide maintenance to the wife during the
marriage.
 This principle is drawn from the Qur’anic verse al-Nisa, 4:34, which
provides that men are the protectors and maintainers of women.
 A divorced woman is provided maintenance during the iddat period by
her former husband.

27. Maintenance of Wife
 Maintenance is not a gift but a right of a wife.
 A wife residing away from her husband on the basis of a lawful excuse is
entitled to her right of maintenance.
 A wife who deserted her husband without any lawful reason is not entitled to
past maintenance.
 Maintenance is to be fixed by taking into account the needs of claimants and
the resources of defendants.
 Judges should not take the words of husbands for granted in respect of their
income and must not require documentary proof from wives.

28. Maintenance of Children and other Relatives
 A father is to maintain the children born during the marriage until they attain
the age of majority in case of sons and until they are married in case of
daughters, irrespective of the fact that they live away from the father with the
divorced mother.
 The father is also required to maintain a divorced or a widowed daughter.
If a father is unable to provide maintenance, then the grandfather is liable
to provide maintenance to his grandchildren.
 Under Islamic law, persons are bound to maintain their poor relatives within
the prohibited degrees in proportion to their share which they would inherit
from them after their death.

29.  CHILDREN are the future of a family and our hidden treasures.
When they are born, they are welcomed into the family and as
they grow they learn different things from their parents. These
lessons include respect for each other and life in general.
 A DAUGHTER'S role is to learn, grow, and become an adult.
Being a daughter implies that there is a mother or father. It
suggests that being a daughter entails expectations about a
female's behaviour vis-à-vis a parent and a parent's behaviour
vis-à-vis the daughter.
Maintenance of Children and other Relatives

30.  A child is to be maintained by the father even though the mother
earns livelihood.
 An adopted child is to be maintained by the adopting father as a
constructive guardian. The constructive guardianship creates
fiduciary obligations.
 A mother cannot waive the maintenance right of a child by entering
into an agreement with a father.
 A father is required to maintain his unmarried daughter even when
she is earning her living.
Maintenance of Children and other Relatives

31.  A father is to maintain unmarried adult daughters.
 An unmarried daughter who refused to marry according to the
wishes of her father is entitled to be maintained by him.
 A divorced daughter, even when living separately, is to be
maintained by the father.
 A grandfather is liable to maintain the grandchildren if the father
fails to do so.
Maintenance of Children and other Relatives

32. Enforcement of Maintenance Right
 Under section 2(ii) of the Dissolution of Muslim Marriages Act 1939, if a
husband fails or neglects to provide maintenance for a period of two years to his
wife, she is entitled to ask for judicial dissolution of her marriage.
 A wife can seek an order from the Arbitration Council for maintenance under
section 9 of the Muslim Family Laws Ordinance 1961 (MFLO) in case the
husband fails to maintain her adequately, or where there are more than one
wives, fails to maintain them equitably.
 A wife can also file a suit for maintenance before the Family Court under the
Family Courts Act 1985.

33. Termination of the right to maintenance
 A wife’s right to maintenance can be suspended in presence of a decree
for restitution of conjugal rights against her.
 A wife may not be entitled to maintenance, if she refuses to rejoin her
husband without any reasonable cause.
 The right to maintenance also comes to an end with the termination of a
marriage contract.
- In case of talaq, the husband is liable to pay maintenance to the
divorced woman only during the iddat period.

34. পিতা-মাতার ভরণ-পিাষণ আইন, ২০১৩

35. পিতা-মাতার ভরণ-পিাষণ আইন, ২০১৩

36. পিতা-মাতার ভরণ-পিাষণ আইন, ২০১৩

37. Quantum of Maintenance
 Quantum of maintenance is to be determined by taking into account the
status and income of the father.
 Principle of res judicata does not apply in maintenance cases.
 Parallel suits for the recovery of maintenance could not be filed before the
Arbitration Council and the Family Court.
 The objective of awarding interim maintenance is to improve the financial
problems of minors and it cannot be challenged in a writ petition raising new
issues of facts which require recording of evidence.

38. Thank You

39.  Define.
 Dower, Dowry, Family, Maintenance of Family, Maintenance of Parents,
Father, Mother, Children.
 Distinguish between Dower and Dowry.
 Discuss the types of dower and its settlements.
 State the penalties for claiming, giving and receiving dowry.
 State different structures of family.
 State the rights and duties of a spouse.
 What do you mean by the Maintenance of Wife?
 State the provisions regarding maintenance of children and relatives.
 How a wife can enforce the right to maintenance?
 How the right to maintenance can be terminated?
 State the provisions regarding maintenance of parents.
 State the provisions regarding maintenance of grand-parents.