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Which one of the following is the leading case under the Mohammedan Law on a widow's right to retain…

In Maina Bibi v. Chaudhri Vakil Ahmad, the Privy Council considered a widow who lawfully held possession of her deceased husband's property in lieu of unpaid dower. It…

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Which one of the following is the leading case under the Mohammedan Law on a widow's right to retain possession of her husband's property in lieu of unpaid dower?

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Correct answer D

In Maina Bibi v. Chaudhri Vakil Ahmad, the Privy Council considered a widow who lawfully held possession of her deceased husband's property in lieu of unpaid dower. It recognised a right to retain possession until the dower is satisfied, without giving her title to the property or a power to transfer it as owner.

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Option A

Incorrect. Mohammad Sadiq Ali Khan v. Fakhr Jahan Begam (AIR 1932 PC 13) primarily dealt with constructive delivery of possession of a gift (hiba) from husband to wife and prompt dower presumptions, not the widow's lien of retention as its defining ratio.

Option B

Incorrect. Mohd. Ahmed Khan v. Shah Bano Begum ((1985) 2 SCC 556 : AIR 1985 SC 945) is the landmark Supreme Court decision on a divorced Muslim woman's right to maintenance under Section 125 of the Code of Criminal Procedure, 1973.

Option C

Incorrect. Muhammad Mumtaz Ahmad v. Zubaida Jan ((1889) 16 IA 205) is the leading Privy Council case on the validity of a gift of an undivided share (musha) and constructive possession.

Option D

Maina Bibi v. Chaudhri Vakil Ahmad concerns the right to retain possession for unpaid dower and the limits of that possessory right.

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