Question
My father secretly married another woman and has been involved in an extramarital affair for a long time. He constantly abuses my mother and deprives her of her rights as his wife. What legal steps can I take to help my mother? Please advise.
Answer
In Bangladesh, a wife has several legal options if her husband engages in abuse, neglects her rights, or remarries without her consent.
- File for Maintenance: Your mother has the legal right to file for maintenance under the Muslim Family Laws Ordinance, 1961. This law obligates the husband to provide financial support to his wife, even after a second marriage. If your father is not fulfilling his duties, your mother can take legal action to claim her due maintenance.
- Seek Divorce and Dower (Denmohor): If the abuse is unbearable and your mother wishes to end the marriage, she can file for divorce. Along with this, she can claim her dower (denmohor) as part of the divorce settlement under the Muslim Marriage and Divorce Act, 1939. This amount is usually stipulated in the marriage contract and must be paid by the husband.
- File for Domestic Violence: Your mother can also file a complaint under the Domestic Violence (Prevention and Protection) Act, 2010, if your father is physically or mentally abusing her. This law provides protection for victims of domestic violence and allows the court to issue restraining orders to prevent further abuse.
- Legal Remedies for Second Marriage: According to the Muslim Family Laws Ordinance, 1961, a man must obtain permission from the local Union Parishad before marrying a second wife. If your father failed to do this, his second marriage can be legally challenged, and he may face penalties, including imprisonment or fines. This law ensures that a husband treats all wives equally and fairly, and if your father is neglecting your mother’s rights, he is violating the law.
- Consult a Lawyer: Your mother should consult a lawyer experienced in family law to discuss her options and file the appropriate cases. The lawyer can guide her through the legal procedures and ensure that she receives the necessary protection and her rightful entitlements.
Taking legal action may provide your mother with relief from the abuse and ensure that her rights are protected under Bangladeshi law.