Question:
My wife misunderstood me and sought forgiveness, but I decided to move on. Now, she refuses to grant a divorce and insists that she won’t go to the family for mediation. Local dignitaries are not willing to intervene. What legal troubles could arise if I proceed with a divorce? I want to avoid false allegations. Additionally, how can I ensure I pay the right amount for the Kabinnama? If I go to court, do I have to pay everything upfront, and how much time will I have to make these payments?
Answer:
Navigating divorce in Bangladesh can be complex, especially in situations where one party is unwilling to cooperate. Here are some key points to consider regarding your situation:
- Legal Grounds for Divorce:
In Bangladesh, you can file for divorce under the Dissolution of Muslim Marriages Act, 1939, or the Family Courts Ordinance, 1985. If your wife is refusing to cooperate, you may proceed by filing a suit for divorce in family court. - Potential Legal Challenges:
If you initiate divorce proceedings, your wife may respond with false allegations. This could include claims of domestic violence or other accusations. To protect yourself, keep records of communications and any evidence that supports your case, demonstrating your conduct during the marriage. - Mediation and Local Dignitaries:
While local dignitaries may not be willing to intervene, consider seeking mediation through a family court. The court may appoint mediators to facilitate discussions between you and your wife, which could lead to an amicable resolution. - Kabinnama Payment:
The Kabinnama (marriage contract) typically includes a provision for the payment of a deferred dower (Mahr). If you wish to divorce, you must fulfill this financial obligation. It’s essential to understand the terms outlined in the Kabinnama regarding payment. - Court Proceedings and Payments:
If the case goes to court, the judge may issue a payment order for the dower. You may not have to pay the entire amount upfront. Instead, the court can set a timeline for payment. Generally, you could be granted several months to complete the payment, but this depends on the specific circumstances and the court’s discretion. - Legal Consultation:
It is advisable to consult a lawyer experienced in family law. They can provide tailored advice, help you navigate the legal processes, and assist you in understanding your rights and obligations regarding the divorce and any financial commitments.