A woman has two ways to demand for dowry. The first is a dowry request to the family court and the second is a petition to issue a dowry enforcement order to the marriage office where the marriage took place. The purpose of dowry collection is a technical, specialized and precise matter, and it is recommended to consult a lawyer with an experienced specialist in the field of dowry, family, confiscation of property and legal claims before taking any action and follow up on your dowry and let the lawyer deal with it.
Under what conditions can the dowry be received?
The legal answer for receiving dowry is that the wife, if there is a property in the name of the man, and other than Sharia exceptions, should go to the official registry office to demand dowry. seize the property for dowry, and in case of lack of funds, the wife can continue the process of receiving her dowry through the court by filing a dowry case.
After the validity of the marriage contract between a man and a woman in Sharia, the payment of the dowry is considered the right of the man to return it. In most cases, when a husband and wife have a dispute in their marriage, the woman takes dowry and it is recommended that the woman seek legal advice from an experienced lawyer to obtain accurate and correct information about her rights. They are ready to help.
Can dowry be demanded during marriage?
Some people mistakenly believe that cases such as disobedience or illicit relations cause a woman’s right to dowry to be revoked, but this is not the case, and no crime, even illicit relations, can invalidate the right to dowry. Disobedience is another case that is sometimes thought to negate a woman’s right to dowry, but this is not the case. Non-compliance is the only muscat or termination of the woman’s alimony, and any compliance, whether sexual or otherwise, causes termination.
Also, circumstances such as leaving the family home cannot destroy the dowry. Remarriage does not invalidate the wife’s right to dowry from her ex-husband, and if the wife wishes to remarry, her ex-husband reserves the right to dowry for himself.
The dowry law for a virgin girl
It is stated in the dowry law that the dowry belongs to the woman at the time of marriage and the wife can use her right to dowry at the time of marriage. Those who spend this period will receive half of the dowry, provided that the wife is a virgin. Otherwise, he owns all the dowry and can submit the dowry petition to the court; In other words, the dowry of a virgin girl is half of the dowry of a non-virgin woman.
demand for dowry after an agreed divorce during marriage
If a check or promissory note was obtained for dowry in the divorce, it is obvious that the wife can file a lawsuit through the court if the documents are not paid, and if the verdict is final, the property may be confiscated.
However, if the dowry business document is not obtained and the husband does not pay the dowry on time, the wife can claim the dowry in court by filing a lawsuit. It should be noted that the wife’s remarriage after divorce does not prevent her from receiving the previous dowry. If the divorce office issues bills and the man does not pay them, it will be issued by the court.
The agreement of the spouses is the criterion of the family court in consensual divorce. In this regard, couples who request divorce can have any type of agreement regarding dowry. Giving dowry in exchange for divorce or full payment of dowry or payment of dowry in installments are examples of this agreement. Divorce is by agreement in such a way that part of it or even dowry is paid in the form of a check or monthly. There are no restrictions in this section, and as it was said before, what is important for the court is the consent of the husband and wife.
Several important aspects regarding dowry in consensual divorce
– If a portion of the dowry is delayed until after the divorce, the wife’s remarriage does not prevent her from receiving the previous dowry.
– In case of non-payment of dowry, 110 coins or its Rial equivalent is guaranteed. As a result, if the dowry installments of 110 coins are not paid, even after the divorce, the wife has the right to file a lawsuit.
– After the accepted divorce, the wife can prohibit the husband’s divorce on the condition that the husband does not pay the dowry installments.
– In most cases, the court does not accept the modification of monetary installments agreed upon by the parties.
– After the issuance of a consensual divorce decree, the husband and wife applying for divorce may agree that the divorce office will issue an installment bill for the dowry installments. Failure to pay multiple installment bills will result in the loss of the remaining dowry.
– It is not possible to attract the ex-wife due to non-payment of dowry installments above 110 coins, even if they have agreed. If the wife does not pay, he can confiscate her property or, if she is an employee, confiscate a quarter or a third of her salary.
In which case, dowry cannot be received?
Only in the case of dowry, the woman must show her husband’s financial ability to pay the dowry, and this does not give the man the right to divorce without the dowry. In the case of dowry, upon the demand of the woman, if the man does not have the ability to pay the dowry, he can file a petition to reduce the dowry to the court and demand the dowry. In this case, dowry is paid by accepting the fault of the couple.
If the woman is a virgin, she cannot demand the full dowry during the cohabitation and before the divorce, according to Article 1092 of the Civil Code: “If the husband divorces his wife before intercourse, the woman will be entitled to half of the dowry. If the husband has already paid more than half of the dowry, he has the right to return the remaining half, for example, in cash or at a price. As a result, in case of divorce, the virgin woman is entitled to half of the dowry. It is possible for a woman to fulfill the legal responsibility of a man in a joint life and after marriage by referring to one of the notary offices.
Necessity of confiscation order to take wife’s property
To get the dowry of the official document, you must first go to the registry office. In case of lack of funds, according to judicial directives and Article 113 of the Third Development Program Law, you can refer to the court.
You can use the following 3 methods to inquire about your spouse’s property:
– Civil Registry Office
– central bank
– Traffic police
The request for the issuance of the executive order for the initial start must be made to the notary’s marriage office. Due to the long process of registration, it is possible to transfer the desired property for confiscation between the time of issuance and notification of the execution until the time of confiscation. But it is vital to be fully familiar with the legal aspects.
Although it is right to demand for dowry, confiscating your husband’s property weakens the basis of your life in practice and custom. So choose to use this right knowing the consequences.
As we know, in permanent and temporary marriages, dowry can be demanded from the wife either with an official document or a normal one; But the dowry can be demanded from the wife. The husband’s financial ability should be provided only in the dowry upon demand. Present property as proof for dowry payment.
The law allows the wife or her lawyer to apply for the seizure of dowry property before being served with the dowry claim petition or before the main petition by submitting a claim collection petition through judicial service offices; In other words, in order to prevent the transfer of the husband’s property, the wife can immediately confiscate the husband’s property (movable and immovable) up to the amount of the required dowry and then announce it to the husband. If the husband has property, the entire dowry and possession of the property will be applicable for the dowry regardless of its amount.
If the person does not have enough property to pay the dowry, the demand for dowry is sent to the family court in the form of a petition. Then the sentence and imprisonment will be issued for him.
How can property be seized to demand dowry?
If you intend to seize the property, make sure that it is not one of the debt exceptions, because in this case, even after the seizure, despite the objection of the husband, the said property will be removed from the seizure. Religious restrictions include dignity and work tools.
The most important part of the work after submitting the dowry petition is not to wait for the court’s SMS to go to the branch. You should check the Iran Justice website frequently and quickly to see which branch has been referred to. After that, you can take action as soon as possible. Go to the branch as soon as possible and hand over the property list to the branch judge for recording.
Dadista Law and Arbitration Institute is one of the best domestic institutions in Iran. This institution cooperates with experienced and expert lawyers in all jurisdictions, including legal, criminal, family, etc. If you are having trouble claiming dowry and your rights, you can contact the lawyers of this law firm or even ask your questions online.