The Inability to Pay the Marriage Portion and its Effects

The marriage portion is considered as the due and special rights of the wife and plays a considerable role in the couples relationship.Nowadays due to the set portion in the marriage contract which is usually a large amount, irrespective of the spouses financial position or ability has caused many social and family problems to rise.And sometimes women abuse these special rights.It’s very important to know whether the financial ability of the man in setting the marriage portion should be a condition. So, what can be done in this situation in order to protect or safeguard the women’s rights and at the same time does not put a hardship on the man.In this article according to article 348 the writer is trying to prove that the ability of the husband to pay should be taken into consideration in order to make it valid.Although the criteria of being able to pay in different kinds of marriage portions is valid, but the verdict regarding the ability of the spouse to pay the marriage portion is of great importance as a condition in the marriage portion. The negation of this condition is a mere fraud.Unless in cases that the legislator,has accepted the negation.Now it seems to have a fixed amount and the approval of the ability of the spouse to pay for the marriage portion,can safeguard both the women’s rights and at the same time the men will not face any social problems.