Question
It has been two months since my wife divorced me, and I have not received the money stated in our Kabinnama. How can I recover this money? Please provide me with some advice.
Answer
Recovering the Kabinnama (marriage contract) money after a divorce can be a challenging process. Here’s a comprehensive guide on how to proceed in your situation:
- Understanding the Kabinnama: The Kabinnama is a legal document in Bangladesh that outlines the terms of the marriage, including any financial obligations. If your wife agreed to pay a certain amount as part of this document, she is legally bound to fulfill that obligation.
- Communication:
- Talk to Your Ex-Wife: Before taking legal action, consider reaching out to your ex-wife directly. Politely remind her of the obligation and discuss the possibility of receiving the Kabinnama money.
- Written Reminder: If direct communication is not effective, send her a formal written reminder stating the amount owed and a request for payment.
- Legal Notice:
- Consult a Lawyer: If your initial attempts do not yield results, consult with a lawyer who specializes in family law. They can draft a legal notice demanding payment of the Kabinnama money.
- Content of the Notice: The legal notice should clearly state the amount owed, reference the Kabinnama, and request payment within a specific time frame.
- Filing a Case: If the legal notice does not lead to payment, you may need to file a case in the Family Court:
- Prepare Documentation: Gather all relevant documents, including the Kabinnama, divorce decree, and any correspondence regarding the payment.
- File a Suit: Your lawyer can help you file a suit for the recovery of Kabinnama money. This may include a claim for any additional damages incurred due to non-payment.
- Court Hearing: The court will set a hearing date where both parties can present their arguments. Your lawyer will represent you and present evidence supporting your claim.
- Court Judgment: If the court rules in your favor, it may order your ex-wife to pay the Kabinnama money. If she fails to comply with the court’s order, you can take further steps to enforce the judgment, which may include:
- Attachment of Property: The court can authorize the attachment of your ex-wife’s property to recover the owed amount.
- Recovery through Salary: If she is employed, the court may allow for a portion of her salary to be deducted until the debt is cleared.