Question
One of my cousins got married in 2015, and she has a 3-year-old child. Her husband mistreats and verbally abuses her. When she asks for a divorce, her husband refuses, fearing he will have to pay the full amount of dowry (mahr). Now, if she initiates the divorce, what does Bangladeshi law say about dowry and the child? My cousin does not want to give custody of the child to her husband. What legal actions can she take, and what are her rights regarding dowry and child custody? Please provide good advice for her situation.
Answer
In Bangladesh, women have specific legal protections when it comes to divorce, dowry (mahr), and child custody. Your cousin has the right to pursue a divorce if she feels mistreated, and the law ensures certain safeguards for her and her child.
1. Dowry (Mahr) Rights:
- Mahr is an obligation of the husband under Islamic law. If your cousin files for divorce, she is still entitled to the full mahr amount, regardless of who initiates the divorce. The fact that she is asking for the divorce does not negate her right to the unpaid portion of the mahr. This is a mandatory obligation on the part of the husband.
- If the husband refuses to pay the mahr, your cousin can file a case in the Family Court to recover it. The court will ensure that the husband pays the full amount that was agreed upon at the time of marriage.
2. Child Custody:
- Custody of the Child: In Bangladesh, under the Guardians and Wards Act, 1890, mothers generally have the right to custody of young children, especially those under 7 years of age. Since the child is only 3 years old, your cousin has a strong legal claim to custody. The courts tend to prioritize the best interests of the child, and typically young children are kept with the mother unless there are exceptional circumstances.
- Father’s Right to Guardianship: While the mother may have physical custody, the father retains legal guardianship, meaning he has the responsibility to provide for the child financially. He is required by law to provide maintenance for the child, even if custody is granted to the mother.Your cousin can file a custody petition in the Family Court and request maintenance for the child as well. The court can order the father to pay for the child’s education, healthcare, and other necessary expenses.
3. Divorce Process:
- If your cousin wants to initiate the divorce, she can do so through a talaq-e-tafwid (if the right was delegated to her in the marriage contract) or file for a divorce under the Muslim Family Law Ordinance, 1961. She will need to serve notice to her husband through the local Arbitration Council, which will mediate the process.
- Even if the husband is unwilling to grant the divorce, the wife has the legal right to initiate the divorce, and the Arbitration Council will facilitate the process.
4. Domestic Abuse and Protection:
- If your cousin has been suffering from verbal abuse and mistreatment, she can also file a case under the Women and Children Repression Prevention Act, 2000. This law protects women from any form of violence, including verbal and psychological abuse. Filing a case may help put pressure on her husband and give her additional legal protections.
Next Steps for Your Cousin:
- File for Divorce: She can proceed with a divorce through the Arbitration Council or Family Court. The process will be initiated even if her husband refuses to cooperate.
- Claim Mahr: She should file a case for recovery of the full mahr amount. This can be done in Family Court.
- Custody and Maintenance: File a petition for child custody and ensure that the father pays regular child maintenance.
- Protection from Abuse: If the abuse continues, she should file a complaint under the Women and Children Repression Prevention Act for her safety.