Question:
My husband gave me a unilateral divorce, but I did not sign the papers. I took a lot of money from my father’s house, and many furniture makers are now saying they will not provide the furniture. What can I do now? Even if I do not sign the divorce papers, will the divorce be effective after 90 days?
Answer:
In Bangladesh, divorce can be initiated unilaterally by the husband following the rules under Muslim family law. Your situation involves two key issues:
1. Unilateral Divorce Without Your Signature
- Is your signature required for divorce?
No, your signature is not required for a unilateral divorce initiated by your husband. According to Muslim law in Bangladesh, a husband can divorce his wife unilaterally through Talaq. Once the notice of divorce (Talaq) is issued to you and to the local Union Parishad Chairman or municipal authorities, the following process begins:- After the notice is submitted, a 90-day period starts. During this period, the authorities arrange for reconciliation meetings between you and your husband. If reconciliation fails, the divorce will take effect after 90 days, whether or not you sign the papers.
- If the authorities are not notified about the divorce, it may not be valid. Ensure that the legal procedures are followed properly. You can check with the local Union Parishad or authorities to confirm if the notice has been served.
2. Financial Claims and Unfulfilled Promises (Furniture)
- Money and Furniture Issues: If your husband or his family promised to provide certain furniture or goods and now refuses, this falls under breach of contract or fraudulent misrepresentation, depending on the terms of the agreement. You can take the following actions:
- Legal Action for Recovery: You can file a case in the civil court to claim the money or items promised to you. You will need to provide any proof you have (receipts, written agreements, witnesses) showing that the money or promises were made.
- Return of Gifts (Dower/Mahr): If the furniture and money were given as part of the dower (Mahr) agreement, and the divorce is finalized, you have the right to claim any unpaid portion of the Mahr from your husband.
3. Your Rights After Divorce
- Mahr (Dower): If the divorce is effective, you are entitled to receive your Mahr as stated in the Kabinnama (marriage contract), which is legally binding. If any portion of the Mahr remains unpaid, you can file a case to recover it.
- Maintenance: In Bangladesh, the law mandates that your husband provide maintenance for a period of up to three months after the divorce (known as iddat period). If you have children, you can also claim child support.
What You Can Do:
- Verify the Divorce Process: Contact the local Union Parishad or municipal authorities to confirm that the divorce process has been legally initiated and if reconciliation meetings are scheduled.
- Seek Legal Action for Financial Claims: If the promised furniture or money is not provided, you can file a civil suit to claim it. Discuss with a lawyer to gather all the evidence and documentation needed for the case.
- Claim Your Rights (Mahr and Maintenance): Ensure that you claim your Mahr if it remains unpaid. You are also entitled to maintenance for the iddat period and child support if applicable.