This is a type of dowry that must become paid to the wife before marriage or at the request of the wife. And if the husband refuses to pay such a dowry, then the wife may refuse to live with her husband. In this connection, and can apply to the court for a decision on the payment of the same. If a wife lives apart from her husband due to non-payment of her dowry, she is entitled to maintenance at her husband’s expense. Where, if the husband completely and completely refuses to pay the dowry, the wife can file for divorce on its basis, and her such act does not deprive her of the right to the amount of the dowry. In the event of the death of the husband, the right of the wife to claim the amount of her dowry will take precedence over any other loan on the estate of the deceased husband. According to the decisions of the higher courts and Dowery Law in Pakistan, if the method of payment of the dowry amount is not indicated in the form of nikka, then such amount of dowry will be taken into account (Maher Muajal).
This type of dowry is one in which the payment of the zar-e-maher is delayed to become paid later. All or part of the dowry amount can be set aside for payment later in the marriage. In the event of the termination of marital life due to divorce or the death of the husband, the amount of the dowry shall become paid. Usually, a deferred dowry consider a guarantee of marital life, for the reason that when and if the husband decides to divorce his wife, he will have to bear the additional burden of paying the amount of the dowry. Under section 6 of the Muslim Family Act 1961, if a husband marries another without the wife’s prior permission, the deferred amount must be paid immediately according to Dowery Law in Pakistan.
According to Dowery Law in Pakistan if the amount of the dowry does not fix at the time of the nikki and the parties have agreed that the amount of the dowry will become fixed at a later date, then according to Hanfi teaching, such nikka is valid and both parties to the nikki, during the livelihood of married life, themselves or through their agents can fix the amount of the dowry. In the event of a dispute, the court may also fix the amount of the dowry. In cases where the court has to fix the amount of a dowry, it shall take into account the following.
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