Question
If a girl gives divorce and signs it, will she be asked to leave her cabin (house)? If I get divorced and don’t want to live with my family, can I stay in my cabin? Also, at the time of marriage, my dower (mahr) was set at 2.5 lakh taka, but it was shown and not actually given to me. How much of that would I get in a divorce settlement, and what should I do if I don’t want to pay for the cabin after divorce?
Answer
In Bangladesh, the situation you’re describing involves both dower (mahr) and housing rights after a divorce. Here’s how it works under the law:
- Cabin (Housing) After Divorce: If you are referring to a house or apartment where you lived together, whether or not you are allowed to stay there after divorce depends on several factors:
- Ownership of the House: If the house (cabin) is in your name or your family’s name, you might need to vacate it after divorce unless there is a specific agreement allowing you to stay.
- Personal Agreement: Sometimes, after divorce, parties may agree to allow the wife to remain in the house for a certain period, especially if children are involved. However, this would be an agreement, not a legal right unless specifically granted by a court.
- Dower (Mahr): According to Bangladeshi law, the dower (mahr) agreed upon at the time of marriage is considered the wife’s right. You mentioned that a dower of 2.5 lakh taka was agreed upon but was not given. In this case:
- If it was not paid, you have the legal right to claim it as part of the divorce settlement.
- Witnesses: If there were witnesses at the time of marriage to confirm the dower agreement, this can be used in your favor if you decide to claim it.
- Dower Payment: The amount owed (such as the 2.5 lakh) should be given to you either in full or as part of the divorce agreement. If the agreement mentioned 6 lakh taka, you could claim this full amount from your husband.
- What to Do If You Don’t Want to Pay for the Cabin:
- If you own the house (cabin) and don’t want to share it after divorce, or if your husband is claiming rights over it, you should seek a legal settlement or court order. The court will decide based on property laws, especially if there are disputes over ownership.
- If you don’t wish to pay for the cabin or its maintenance, the court can help decide what should happen to the property, whether it’s sold, rented out, or kept by one of the parties.