Question:
My girlfriend has been married for three years and has a 2-year-old son. Her husband remarried without informing anyone, and later, she found out. He does not take care of her or their child, does not provide maintenance, and has no contact with them. Her mother-in-law and son have also married again, but she has no decision-making power. My girlfriend is in a lot of distress. What legal action can she take?
Answer:
In this situation, your girlfriend can take several legal steps to address the neglect and abandonment by her husband:
- Filing for Maintenance: Under Bangladeshi law, a wife is entitled to maintenance if her husband is not fulfilling his responsibilities. Your girlfriend can file a petition in the family court for maintenance (alimony) for herself and her child. The court will decide on the amount based on the husband’s financial situation.
- Seeking Divorce: If the marriage has become unbearable due to the husband’s abandonment and neglect, your girlfriend can file for a divorce under the Family Court Ordinance. Grounds for divorce include neglect, failure to provide maintenance, and desertion.
- Child Custody: Since there is a child involved, she can also file for child custody in the family court. The child’s welfare will be the primary concern, and the court will decide on custody, visitation rights, and child support.
- Domestic Violence Protection: If there has been any form of abuse (physical or mental), your girlfriend can also file a case under the Domestic Violence (Prevention and Protection) Act, 2010.
- Seeking Legal Aid: If she cannot afford legal fees, she can seek legal aid from the government or NGOs that provide support for women in distress.
- Family Mediation: If she wishes to save the marriage or resolve the issue amicably, family mediation through a third party (like an elder or a professional mediator) might be helpful, though it’s not always effective if the husband is uncooperative.