Question:
The Kabinnama was set at 12 lakh rupees, but the girl did not move in with the boy after the marriage. Now, they are getting a divorce. In this situation, how much financial compensation will the boy’s side receive, and what are the responsibilities regarding the Kabinnama?
Answer:
In cases of divorce where a Kabinnama is involved, the financial obligations can vary based on several factors. Here’s what you need to know:
- Understanding Kabinnama Obligations:
The Kabinnama (marriage contract) outlines the dower (Mahr) that is payable by the husband to the wife. In your case, the Mahr is set at 12 lakh taka. This amount is the financial obligation of the husband and is typically due upon divorce unless otherwise specified in the marriage contract. - No Cohabitation Impact:
Since the girl did not move in with the boy after marriage, the court may consider this when determining the Mahr payment. If the marriage was never consummated or if there was no cohabitation, the husband might argue for a reduction in the Mahr amount. However, legal interpretations can vary, and you may need to present evidence supporting this claim. - Divorce Proceedings:
During the divorce proceedings, both parties can negotiate the settlement. If the husband is seeking a reduction in the financial obligation due to the lack of cohabitation, he must present this argument in court. The final decision will depend on the judge’s ruling based on the circumstances. - Judicial Discretion:
Ultimately, the court will have the final say on how much, if any, of the Kabinnama amount must be paid. The judge may consider factors such as the length of the marriage, the reasons for the divorce, and any financial hardships faced by either party. - Legal Consultation:
It’s advisable for the boy’s side to seek legal representation. A lawyer can provide guidance on how to approach the divorce settlement, argue for a fair resolution regarding the Kabinnama, and represent interests in court. - Document Everything:
Keep detailed records of all agreements and communications related to the marriage and divorce. This documentation can be crucial in court proceedings.