Question
My sister has been married for 7 years and has a 5-year-old child. Her husband repeatedly takes loans from his sister in the name of business but does not repay and loses the business. Afterward, he borrows money from various relatives and in-laws but refuses to pay them back. When the money is not returned, he pressures and beats my sister. She informed his relatives, but no resolution occurred. Fed up with the abuse, she took refuge in her husband’s uncle’s house, but they did not shelter her for long. Finally, she sought refuge at her brother’s house. For the past 6 months, the husband has not tried to find the child. Then, after two months, he suddenly called, asking to send the wife and child back, but she refused. After two months of this situation, the husband filed a false case under Section 100, claiming his wife was detained by her brother and sister-in-law. After thinking it over, we decided to separate. We seek legal advice on how to handle the Section 100 case and whether it is possible to get child maintenance and dowry money after separation.
Answer
Here is a step-by-step breakdown of how to handle this situation under Bangladeshi law:
- Section 100 Case (Wrongful Detention):
Section 100 of the Penal Code deals with wrongful detention, but it does not automatically apply to cases where a wife leaves her abusive home. If your sister is living with her brother, this does not constitute “detention” unless it can be shown that she is being forced or held against her will. In this case, your sister’s action of seeking refuge due to physical abuse could be seen as an exercise of her right to protect herself.To defend against this false case, you can:- Provide evidence of abuse (such as medical records, photos of injuries, witnesses).
- Show that your sister left voluntarily due to domestic violence and sought refuge to ensure her safety.
- Present testimonies from relatives who can confirm the abusive nature of the marriage.
- Dowry Recovery:
Under the Dowry Prohibition Act, if your sister’s dowry was not returned by the husband, she has a right to claim it back. Even if the dowry was not officially given at the time of marriage, evidence such as witness statements or any documentation (e.g., receipts, promises) can help her case.- If the dowry was verbally agreed upon or given at the time of marriage but not returned after separation, your sister can file a case for the recovery of her dowry under the Dowry Prohibition Act, 1980.
- Filing a civil case in the Family Court.
- Presenting evidence of the dowry promise and any contributions made by her side.
- Child Maintenance:
The husband is legally obligated to provide maintenance for the child, even if the parents are separated. Under the Muslim Family Laws Ordinance, a father is required to maintain his child, and this can be claimed in Family Court.- Your sister can file for maintenance for the child under the Muslim Family Laws Ordinance.
- She will need to prove the child’s need for support and the father’s financial capacity to pay.
- Divorce and Separation:
If your sister is seeking a divorce, she has several legal options:- Khula: If your sister seeks divorce due to abuse or financial neglect, she can initiate Khula, a form of divorce where the wife requests a divorce and may have to return the dowry or some part of it.
- Talaq (Divorce by Husband): If the husband agrees to give a divorce, it is also possible under the Muslim Family Laws Ordinance.
- A formal request for divorce.
- Documentation of the reasons (abuse, neglect, etc.).
- Family court proceedings for custody and financial support.