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Children’s Right to Financial Support from Divorced Father

Question:

My cousin has been divorced for 17 years and has a son and a daughter. The father doesn’t want to support them financially, even though the son visits him. Now the son wants their father to pay for their expenses or give them their due share of property. Is this possible? What does Bangladeshi law say? Their mother faced significant hardship after the divorce, including physical abuse.

Answer:

Under Bangladeshi law, children have the right to seek financial support from their father, even after a divorce. Here’s how the law addresses this situation:

1. Right to Maintenance:

  • Obligation of the Father:
    A father is legally obligated to provide maintenance for his children until they reach adulthood or are able to support themselves, regardless of whether he is divorced from their mother.
  • Maintenance includes expenses for food, education, clothing, healthcare, and other basic needs.

2. How to Claim Maintenance:

  • The mother or children can file a case for child maintenance in the Family Court under the Family Courts Ordinance, 1985.
  • Evidence of the father’s financial capability and the children’s needs must be provided.
  • The court can order the father to pay a fixed amount regularly for their upkeep.

3. Right to Inheritance:

  • Children remain legal heirs to their father’s property, even if their parents are divorced.
  • They can claim their due share of inheritance once the father passes away.
  • However, they cannot claim or demand a share in the property while the father is alive unless he voluntarily gives it to them.

4. Seeking Legal Help:

  • Family Court Case:
    File a maintenance claim in the family court with the help of a lawyer.
  • Documentation:
    Gather evidence like the children’s birth certificates, educational expenses, and proof of the father’s income to support the claim.
  • Legal Aid:
    If the family cannot afford legal representation, they can seek free legal aid from the National Legal Aid Services Organization (NLASO) or local NGOs.

5. Physical Abuse Before Divorce:

  • If the mother suffered physical abuse before the divorce, she could explore the possibility of filing a criminal case for domestic violence under the Prevention of Women and Children Repression Act, 2000, if the statutory limitation allows.

By pursuing the above options, the children can secure their rights to maintenance and a better future.