Wife is a Property and Dower is the Price: Read Judgment Amaresh Patel LANDMARK JUDGMENT Tue, Sep 03, 2019, at ,09:35 AM Title of the Case – Muslim Marriage is a sacrament or a contract Name of the case – Saburannessa vs. Sabdu Sheikh and ors., AIR 1934 Cal 693 Date of Judgment – 20th March 1934 Judges: Justice Mitra Subject and sections involved – Section 54 of Transfer of Property Act, 1882. Issue: Whether immoveable property gifted as dower during marriage shall be registered instrument as required by section 54 of T.P. Acct, 1882? Fact of the Case: Sabdu Sheikh, husband of Saburannessa, made a gift of immovable property in exchange for the dower. The character of such a transaction has been regarded as a kind of sale. The transaction is governed by section 54 of T.P. Act, and the consideration money being admittedly over one hundred it could only be made by a registered instrument. Ratio of the case - The Calcutta High Court affirmed with the view of Justice Mukerji in Abbas Ali v. Kari Buksh, (1909) 4 IC 466, and held that the marriage under the Mahomedan Law is a civil contract and is like a contract of sale. Sale is a transfer of property for a price. In the contract of marriage the wife is the property and the dower is the price. It was further held as it appears clear from the statement which has been quoted that it is not a gift pure and simple, but a Hibabilewaz as understood by the Mahomedan law. It is in reality a sale, and has all the incidents of a contract of sale. Therefore, where the property is immoveable and is of the value of rupees one hundred and upwards, it must be effected by a registered instrument as required by section 54 of T.P. Act, 1882.