Question
If the husband commits adultery, can the wife take any action against the woman with whom he committed adultery?
Answer
Under Bangladeshi law, a wife can take legal action against a woman involved in her husband’s adultery, but the process is complex.
- Adultery and Legal Consequences for the Husband:
Under Section 497 of the Penal Code of Bangladesh, adultery is a criminal offense for the man, but the woman involved in adultery is not criminally liable unless she has instigated or conspired with the man. In the case of adultery, the wife can file for divorce and claim maintenance, dowry, and custody of children if applicable. - Civil Lawsuit for Alienation of Affection:
While adultery is not directly punishable for the woman under the Penal Code, the wife may file a civil lawsuit for alienation of affection against the woman if she can prove that the woman intentionally interfered with the marital relationship. However, this is a rare and complex case. - Defamation and Damage to Reputation:
If the woman’s actions lead to public harm, or if false claims are made, the wife may also consider a defamation lawsuit against the woman for any harm caused to her reputation. - Seeking Divorce:
The wife can also file for divorce on the grounds of adultery under the Muslim Family Laws Ordinance. The adultery of the husband provides grounds for Khula (divorce initiated by the wife) or Talaq (divorce by the husband), depending on the circumstances. - Compensation for Loss:
In some cases, the wife may be able to seek compensation for the emotional distress caused by the adultery, especially in cases where the husband’s actions were publicly known and have caused harm to her social standing.