In a previous article titled “What is a dowry and how can I claim it” I have provided summary advice in relation to dowry claims. This article is intended to explore the issue in further detail and to consider English case law where a dowry has been in issue.
There is no specific piece of legislation under English law to settle dowry disputes. If the parties have entered into a civil marriage, the wife may request the English civil courts to award the dowry in ancillary relief proceedings. Case law indicates that dowry payments will be taken into account in such proceedings in accordance with section 25 of the Matrimonial Causes Act 1973 to ensure that fairness and justice are upheld to both parties.
Otobo v Otobo [2002] EWCA CIV949
In the case of Otobo v Otobo [2002] EWCA CIV949, it was held that when conducting the exercise required under section 25 of the Matrimonial Causes Act 1973 which involved a family with a secondary attachment to the jurisdiction of the English court and culture, an English judge should give due weight to the primary cultural factors. The judge should not ignore the difference between what a wife might anticipate from a decision in England as opposed to a decision in the alternative jurisdiction. This should be taken into account as one of the “the circumstances of the case”.
Uddin and Choudhury [2009] EWCA CIV1205
In the case of Uddin and Choudhury [2009] EWCA CIV1205, this concerned a breach of contract claim based on a marriage contract between the parties to a religious Muslim marriage. The dispute concerned the return of the dowry to the wife’s family and whether gifts that had been given to the wife by the husband’s family should be returned to his family. The judge found as a matter of Shariah law (having heard expert evidence, in this particular case) that gifts given by the husband’s family were absolute and non-returnable and furthermore, not to be deducted from the dowry. The dowry was still payable to the wife by the husband.
This is not the only remedy available for wives who wish to obtain their dowry. Those who are unsuccessful in claiming their dowry amount in ancillary relief proceedings and others who did not enter into a civil marriage have the option to issue a claim against their husbands for breach of contract if the husband refuses to honour the marriage contract and pay the contractually agreed dowry amount.
Shahnaz v Rizwan [1965] 1 QB 390
The most significant dowry case in English contract law is Shahnaz v Rizwan [1965] 1 QB 390. The wife claimed a payment of £1,400 as the sterling equivalent of the deferred dowry specified in the Islamic marriage contract, payable on the dissolution of the marriage, which occurred when the husband divorced the wife. The wife’s claim was upheld on the ground that it was based on a recognised contractual obligation, enforceable under Islamic law by ordinary civil action (aside from matrimonial proceedings) and that there was no reason why the same remedy should not be afforded here.
How can we help
If you require advice on the issue of claiming a dowry then please contact a member of our Family Law Solicitors on 0800 024 1976 or via our online form. A member of the team will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide along with details of our hourly rates and fixed fee services.