Question
My wife has committed adultery and has tried several times to divorce me, but I have refused because we have two daughters. Now, she has been missing with another man for two months. I filed two diaries at the police station: one for her and one against both her and the man. Can she file any case against me in the future? If a case is filed, can I get rid of the diary registered at the police station? And can I avoid financial obligations due to this situation?
Answer
Your situation involves multiple legal aspects under Bangladeshi law. Here’s a comprehensive breakdown:
- Adultery and Divorce: Adultery is grounds for divorce in Bangladesh. Under the Muslim Family Laws Ordinance, 1961, you have the right to file for divorce based on her infidelity. If you initiate divorce proceedings, it can strengthen your position in legal matters concerning custody and financial obligations.
- Future Legal Action by Your Wife: While your wife may file a case against you, such as a claim for maintenance, her chances of success may be affected by her adultery and abandonment. Courts typically consider the conduct of both spouses when determining such claims. Your wife cannot easily win a case if it is proven that she left the home voluntarily and is in an adulterous relationship.
- Handling the Police Diaries: The diaries you filed serve as official records of your wife’s actions. They can support your position in future legal proceedings. If your wife files a case against you, the police diaries may be used as evidence, but they do not automatically lead to any charges against you. To “get rid” of the diaries, you may need to consult with your lawyer.
- Financial Obligations:
- Cabin Fees: If you are being charged fees related to your wife’s actions (e.g., costs associated with her absconding), you may be able to argue against paying these fees in court, especially if they are tied to her adultery.
- Child Support: As a father, you have a legal obligation to support your daughters, regardless of your marital situation. Any maintenance claims from your wife could be challenged based on her current actions.
- Legal Steps to Consider:
- File for Divorce: If you haven’t already, consider filing for divorce based on her adultery and abandonment.
- Consult a Lawyer: It’s crucial to seek legal assistance to navigate this complex situation. A lawyer can help you understand your rights, responsibilities, and the best course of action.