Question:
My cousin married in 2016, but due to the girl’s conditions (not wanting to stay with the family), he decided to divorce her. Despite several discussions, they didn’t agree to end the marriage amicably. In 2019, he sent a divorce notice through the court (to the girl and the commissioner), and after 90 days with no contact from the girl’s side, the divorce was finalized. The girl’s side initially agreed to settle the dowry but didn’t follow through after the divorce notice. He has since remarried and is doing well. Could the first wife still file a dowry or women abuse case after such a long time?
Answer:
In Bangladesh, the possibility of facing legal trouble related to dowry or women abuse claims depends on several factors:
1. Dowry Cases:
- Filing Timeframe:
The Dowry Prohibition Act, 1980 does not specify a strict time limit for filing a dowry-related case. Therefore, the ex-wife could still file a case alleging unpaid dowry. - Required Evidence:
For a dowry claim to succeed, the woman must prove:- A specific dowry demand was made.
- There was an agreement or expectation to pay the dowry.
If your cousin has documentation showing an attempt to settle the dowry earlier, this could serve as evidence in his favor.
2. Women Abuse Cases:
- Relevant Law:
Under the Prevention of Women and Children Repression Act, 2000, abuse cases can be filed even after divorce. However, such cases require evidence of actual abuse (physical, mental, or financial). - Time Limitation:
If no complaint was filed earlier, it becomes harder for the ex-wife to establish abuse after a long delay unless there is compelling evidence.
3. Steps to Protect Your Cousin:
- Documented Proof:
Keep copies of the divorce notice, commissioner’s report, and any joint meeting minutes regarding the dowry settlement. - Witnesses:
Gather witnesses from the meetings or discussions with the ex-wife’s side. - Legal Precautions:
If a case is filed, hire a lawyer to respond promptly. The burden of proof lies with the claimant, but timely defense is essential.
4. Impact of Second Marriage:
- Your cousin’s remarriage is legally valid since the divorce was finalized after the mandatory 90-day period. His second marriage does not affect the outcome of any potential case.
5. Likelihood of Success for the First Wife:
- Without substantial evidence, it is difficult for the ex-wife to win a dowry or abuse case, especially after such a long delay. However, such claims can still cause temporary inconvenience, requiring legal defense.