In judicial procedure, the payment of dowry by the wife is considered as one of the non-exclusive cases of Distress and constriction in cases related to divorce. In this research, while collecting information by library study and referring to the courts, descriptive-analytical method has been used to analyze the approach of the courts. Studies show that some courts of justice consider the forgiveness of the whole or most of the dowry by the wife as the basic element of achieving Distress and constriction. Because a woman may not have any reason to prove her husband's misbehavior and other instances of Distress and constriction, but when all her rights are violated in this way, she herself indicates that she is in hardship and Distress and constriction. But another group of courts rejects the dependence and connection between these issues and does not consider the forgiveness of all or most of the dowry as a complete sign of , Distress and constriction and believes that , Distress and constriction is a concept beyond the dowry. Despite the predominance of the first approach in court rulings, it seems that the sign of forgiveness of dowry has only a positive effect on the accuracy of the claim of Distress and constriction. Forgiveness of dowry can indicate Distress and constriction, but logically its absence (forgiveness of dowry) does not prevent the proof of Distress and constriction, assuming that other evidences indicate Distress and constriction for the wife.