The Effect Of Corona On Changing the Burden Of Proof Of Insolvency In a Dowry Claim

The prevalence of Corona Virus has affected various aspects of peoples lives. For example, in the field of fulfilment of obligations, such as fulfilling the obligation related to dowry, issues are raised. According to the existing general rules, if it is not possible to fulfil the obligation and also, The seizure of property was not possible, The creditor can request the imprisonment of the debtor. In return He can claim for insolvency. As the same way, The wife can ask the court to imprison the husband who refuses to fulfil his obligation.In these cases, the burden of proving insolvency is not on the husband unless their financial ability is already proven.The main question in this article is that if we can consider the current unfavourable situation created by corona as a judicial reason and in this way, we can remove the proof of insolvency from the husbands. The answer will be yes and it is compatible with jurisprudential and moral principles.