Demand for dowry and conditions for receiving it
Receive dowry : In addition to social effects, marriage also brings financial effects, the most important of which is dowry. Dowry is the money that a man undertakes to pay to his wife upon entering into marriage. This dowry can include coins, money, movable or immovable property, and even doing a specific job by the man. The type of dowry is determined based on the agreement between the man and the woman, and therefore it must be clear and specific.
According to the principles of jurisprudence governing our laws, dowry is the responsibility of the man as a religious duty. In this article, we are going to examine the demand for dowry, its conditions and procedures.
Receive dowry
To check the demand for dowry, it is better to first refer to the meaning of the word “dowry” in the law. According to Article 1078 of the Civil Code, anything of financial value can be agreed upon as a dowry. Therefore, anything that has economic and social value can be determined as dowry. In the following, we mention some common dowry cases:
۱٫ Gold: Transferring gold as a dowry is common in some cultures and societies. The amount and value of gold can be determined based on the agreement of the couple.
۲٫ Cash: It is also common to use cash as dowry. The amount of dowry can be determined by the couple and given to the wife.
۳٫ Property: Transfer of property, such as a house or land, is also possible as a dowry. The value of the property can be determined based on the market and the agreement of the couple.
۴٫ Businesses or financial assets: Some couples may agree to transfer certain businesses or financial assets as dowry.
Dowry is considered as a part of the marriage process and financial obligations between couples. This dowry can be specified and determined according to the agreement and conditions of each couple.
Demand for dowry in marriage law
In examining the demand for dowry in the law, we must first refer to the principle of Article 1082 of the Civil Code, which states that “as soon as the marriage contract takes place, the woman becomes the owner of the dowry”. This statement means that the woman is entitled to dowry from the moment of marriage.
Although in the public’s mind, demanding dowry is often considered with the assumption of conflict between the couple, but according to the explanations presented in this section, we can say that the woman actually has the right to demand dowry from the moment of the marriage contract. Therefore, according to the law, it is possible to receive dowry without the need for divorce. We will examine this issue further.
Types of dowry claims
Demand for dowry can be possible in the following two ways:
۱٫ Demand when demanded: In this case, the woman can demand her dowry whenever she wants. In other words, the right to demand dowry is at the discretion of the woman and she can use this right at any time.
۲٫ Claiming when the dowry is available: In this case, the man must pay the dowry only if he has the ability to pay it. Otherwise, he is not required to pay dowry.
Therefore, in general, dowry can be in the form of demand upon demand or demand upon demand. Of course, failure to determine the dowry in a permanent marriage contract alone does not lead to the annulment of the marriage. However, in a temporary marriage contract, a dowry must be determined, and otherwise, this will lead to the annulment of the contract.
Conditions for demanding dowry
To claim dowry, there must be certain conditions. Otherwise, the dowry cannot be claimed. These conditions include:
۱٫ Financial aspect: The dowry must have a financial value. If this has no financial aspect and financial value, the dowry will be invalid.
۲٫ Specificity: The dowry must be clearly and precisely defined. If this condition is not certain, the dowry is invalid.
۳٫ Possessability: The dowry must be in such a way that the woman can own it.
۴٫ Legitimacy: The dowry must be compatible with valid and legitimate laws and regulations.
By complying with these conditions, the dowry can be demanded, otherwise, the dowry will not be valid.
Dowry claim methods
According to the existing conditions between the couple, there are different ways to demand dowry, which are as follows:
۱٫ Through the registration office: In this method, the woman must first go to the office of the registration office and announce the demand for dowry. By presenting the required documents, the woman goes to the office where the marriage is registered and registers the demand for dowry by paying the executor’s fee. Then the registry office sends a letter to the couple to go to the registry office within 10 days and introduce the dowry amount.
۲٫ Through the court: As mentioned, the demand for dowry cannot go directly to the court. If it is not possible to receive the dowry from the man through the registry office, the court can make a determination and make a decision about the dowry.
In both methods of demanding dowry, it should be noted that after the demand, the man can declare a request for essar (lack of financial ability). If the request for withdrawal is accepted, the dowry will be paid in installments.
Steps to claim dowry
In this article, the different stages of dowry claim are examined. As you know, dowry is one of the important rights that is determined for a wife in a marriage contract. In the past, when the value of the currency was stable, the dowry was determined in cash or Rials. But nowadays, dowry is usually determined in gold, especially gold coins. In the following, we will examine the different stages of the dowry claim:
۱٫ Claiming through the executive office: In this method, the wife can apply for the issuance of an executive order to collect the dowry by presenting the marriage certificate. At this stage, the Executive Department receives the necessary inquiries from various institutions such as the Registry and Real Estate Department, the Central Bank, and the Traffic Police.
۲٫ Seizure of husband’s property: If there is any property in the husband’s name, he can detain these properties in order to issue an executive order. This action is done with the aim of providing dowry money.
۳٫ Claiming through the family court: Another way to claim dowry is to submit a dowry petition to the family court. In this method, the wife can also request the issuance of an order to secure the husband’s property. In this case, before hearing the dowry case, the court will issue an order to secure the demand and, if there are any properties belonging to the husband, seize them.
۴٫ Withdrawal of dowry from seized property: After issuing a dowry payment order, the wife can withdraw her demand for dowry from her husband’s seized property.
It should be noted that if a woman divorces before establishing a marriage relationship, she does not have the right to receive more than half of the dowry. These stages of dowry for claiming and receiving it are implemented according to the relevant laws and regulations and each of the parties must adhere to the legal regulations.
Steps to claim dowry
Demand for dowry without divorce can also be done through methods such as going to the family court or the executive office. In this case, dowry is determined as a financial right for the woman and can be requested without the need for divorce.
If the wife has not agreed to pay the dowry or if the agreement on the amount of the dowry has not been reached, the request for the dowry can be raised through the family court. In this case, the court determines the amount of the dowry by examining various conditions and factors such as the income and financial status of the parties.
Also, the dowry can be obtained through the executive office by requesting the issuance of an executive order and collecting the dowry through the husband’s property. In this case, the executive department will confiscate the husband’s property by taking the necessary measures and provide the dowry through these properties.
In both of the above methods, it is necessary to comply with the relevant laws and regulations, and the procedures for receiving dowry without divorce are similar to the procedures for receiving dowry after divorce. Among the stages of dowry without divorce, we can mention the submission of relevant documents, issuance of executive order, confiscation of property and withdrawal of dowry from seized property.
Finally, note that the rules and regulations regarding the demand for dowry without divorce may vary from country to country. Therefore, if you need to claim dowry without divorce, it is better to read the relevant laws and regulations in your place of residence and, if necessary, get legal advice from an expert lawyer.
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