Question:
My close friend is married and has a 2.5-year-old daughter. Recently, he discovered evidence of adultery on his wife’s phone, and her behavior has worsened since then. Despite attempts to reconcile, it has not worked. He wants to know:
If he divorces his wife at this stage, will he still have to pay the amount specified in the Kabinnama, given that the fault lies with his wife?
Is it possible for him to keep custody of their daughter after the divorce?
Answer:
Your friend is navigating a challenging situation, but there are legal frameworks in Bangladesh that can address his concerns regarding the divorce and child custody. Here are the key points to consider:
Kabinnama and Financial Obligations:
Under Islamic law, the Kabinnama (marriage contract) usually specifies the Mahr (dower) amount that the husband is obligated to pay the wife upon divorce.
If the wife is found to be at fault for adultery, your friend may argue that he should not be required to pay the Mahr amount in full. This is because the act of adultery is a significant breach of marital duty, which can influence the financial obligations in divorce proceedings.
However, the final decision will depend on the court’s ruling. It is essential for your friend to present evidence of the adultery in court, as this will support his argument for reducing or eliminating the financial obligation.
Child Custody After Divorce:
In Bangladesh, the custody of children after divorce is primarily decided based on the best interests of the child. Generally, mothers are given preference for custody of young children, especially those under the age of 7.
However, if your friend can demonstrate that keeping their daughter would be in her best interest, he may have a case for custody. Factors considered can include the mother’s behavior, living conditions, and overall stability.
The court may allow for joint custody arrangements or visitation rights to ensure that the child maintains a relationship with both parents, depending on the circumstances.
Legal Assistance:
It is advisable for your friend to consult with a lawyer who specializes in family law. A legal expert can help him understand his rights, prepare his case for the divorce, and navigate the complexities of child custody arrangements.
Documentation:
Encourage your friend to keep detailed records of all relevant communications and evidence related to the marriage, adultery, and any agreements made regarding custody and financial obligations. This documentation can be critical in court proceedings.