Meaning of Mehr
According to the Muslim Law Mehr (dower) money or property which the wife is entitled to get from the husband in consideration of the marriage. In other words it can be said that dower is an obligation imposed upon the husband and the object of dower is to protect the wife after the death of her husband or termination of the marriage by divorce. Mehr can also be considered as the part of maintenance during fixing the amount of maintenance under section 125 of Code of Criminal Procedure 1973. There is no proper definition of the term Mehr under the Muslim Law, different High Courts and the Supreme Court in different cases have given the definition of the term Mehr.
Will talaaq be considered valid if the husband doesn’t pay the Mehr to his wife
As per the Muslim Law the marriage under Muslim Law is considered as Civil Contract between the husband and wife. Mehr is the amount of consideration paid to or promised to be paid to the wife. For example, in contract in the event of non-payment of consideration the contract is declared invalid. A talaaq is also considered invalid if the Mehr amount is not paid. Mehr is the right of a muslim woman and a muslim woman can sue her husband if the husband refuses to her Mehr.
What are the types of Mehr
A Mehr is generally of two types
Prompt Mehr: This means the total amount of Mehr payable by the husband at the time of signing of marriage contract.
Deferred Mehr: This means the portion of the Mehr which is payable to the wife at a specified point in the marriage or at the time of dissolution of the marriage through divorce or death of the husband. Any deferred Mehr that remains unpaid at the time of dissolution becomes a debt against the former husband’s assets.
Whether a wife can relinquish her right of Mehr
The muslim wife can relinquish or remit her right to get Mehr from her husband. She may do so from natural love and affection or to gain affection from her husband. This is known as the remission of Mehr by the wife. The Muslim wife may do so wholly or partly. Only after a lawful remission the husband will be under no legal obligation to pay Mehr to his wife.
