Question:
I want to divorce my wife. Denmohar (dower) was not given before marriage. Do we need to file a case in court to collect it now, or can we handle both divorce and debt collection through the Kazi office? We want to avoid any trouble or harassment, and my parents do not want to go through any further complications.
Answer:
In your situation, here are some key points to consider regarding the divorce and collection of Denmohar (dower):
- Denmohar (Dower) and Divorce:
- Dower in Divorce: In Bangladesh, Denmohar is a legal obligation in marriage, and it is the wife’s right to receive it, whether paid before or after marriage. If Denmohar was not paid before marriage or during the marriage, it can be requested during divorce proceedings.
- Divorce Process: A divorce (Talaq) can be initiated either through mutual consent or unilateral declaration by the husband (Talaq). You do not necessarily need to go through court to get a divorce if both parties agree to the terms, including the payment of Denmohar.
- Option to Divorce via Kazi Office:
- If both parties agree to the divorce terms (including the payment of Denmohar), it can be processed through the Kazi office. The Kazi will issue the divorce certificate, and the terms can be agreed upon between you and your wife, including how the Denmohar will be paid.
- However, if your wife refuses to give the Denmohar or disputes the amount, the Kazi office may not be able to help, and you may need to pursue legal action in court for the collection of the Denmohar.
- Filing for Denmohar in Court:
- If there is any dispute about the amount of Denmohar or if your wife refuses to pay it, you may need to file a civil suit in court for recovery of the Denmohar. This can be done separately from the divorce process.
- The court will review the terms of the marriage and any written agreement (if available) regarding the Denmohar and will order payment accordingly.
- Avoiding Court Complications:
- If you wish to avoid the hassle of a lengthy court case, and both parties agree on the divorce and the payment of Denmohar, the divorce can be completed via the Kazi office with the Denmohar being paid as agreed.
- However, if there is disagreement about the payment of Denmohar, it would be advisable to pursue the matter legally to ensure your rights are protected.
- Parental Concerns:
- If your parents are concerned about avoiding trouble or harassment, it’s important to note that a mutually agreed divorce can minimize conflict. If a court case is necessary, it might involve more time and potential conflict, but it is your right to claim the Denmohar.