The wife has the power of remitting the whole or a portion of the dower in favour of her husband or his heirs. Remission of dower is valid even if made without consideration, provided that the wife is adult and of sound mind.
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The High Courts of Patna and Madras hold the view that for the purpose of remission on the dower, the age of majority should be reckoned with under the Indian Majority Act, i.e., the wife should have completed the age of eighteen years.
ADVERTISEMENTS:
On the other hand, the Allahabad High Court is of the view that the age of majority is to be determined under Muslim law, and, therefore, a wife who has attained puberty may validly remit her claim to dower.
It is submitted that, on a strict interpretation of the provision of the Indian Majority Act, the Allahabad High Court’s view is correct, but socially, the better view is that of the Patna and Madras High Courts.
It is necessary that the remission of the dower must be made by the wife with her free consent, i.e., without coercion or undue influence. Thus, when she is in great mental distress, such as when her husband is on death-bed or had died, the consent cannot be said to be free. The wife also has the power of reducing the amount of the dower voluntarily. The remission of the dower may be conditional. Thus, in lieu of the dower, she may agree to receive any annuity.
No acceptance of the remission of the dower on the part of the husband or his heirs is necessary.