JUDGMENT

Dar, J. - The plaintiff, Mt. Farmoodi Begam, a Pathan lady of Shajahanpur, was married to Mohammad Taqi Ahmad Khan, a Pathan, resident of Shajahanpur, on 24th June 1908. By this union a number of children were born and two grown-up daughters are now living. In April 1934 some differences, apparently of a trivial nature, arose between the husband and wife and, after a married life of over 25 years, the plaintiff left her husband's home and has brought this suit for recovery of Rs. 40,000 against him. Her case, shortly stated, is that at the time of marriage her dower was fixed, "without any specification, at a sum of Rs. 80,000 and two dinars" and that by a custom prevailing in the family and amongst the Pathans of Shajahanpur half of this is to be treated as prompt and. half as deferred. Her husband refuses to pay this sum or any other sum and she is entitled to recover the same by an action at law against him. The defendant denied the lady's dower to be Rs. 80,000 and he alleged that it was only Rs. 15,000. He further alleged that the lady had agreed to remit the whole of her dower and while leaving the defendant's home she had taken a large amount of cash and ornaments an