Question
My father got married again 7 years ago without informing my mother. We are 3 brothers and 1 sister. Now my father is saying that he can no longer provide for our maintenance. My father’s second wife has no children. What legal action can we take, and will we benefit if we file a case for maintenance?
Understanding Maintenance Rights in Bangladesh
In Bangladesh, both wives and children have legal rights to maintenance from the father or husband. The fact that your father has remarried does not exempt him from his responsibilities toward his first wife and children.
Maintenance Rights for the Children
- Under the Muslim Family Laws Ordinance, 1961, fathers are legally obligated to provide maintenance for their children. This obligation includes ensuring the basic necessities of life, such as food, shelter, education, and healthcare.
- The father’s remarriage does not release him from his duty to maintain his children from the first marriage, and he is required to provide for all his children equally.
Maintenance Rights for the First Wife
- Your mother, as the first wife, also has the right to claim maintenance from your father, provided they are still married. According to Islamic law and the Muslim Family Laws Ordinance, a husband is required to support his wife financially, regardless of whether he has married another woman.
- The fact that your father’s second wife does not have children does not affect your mother’s legal right to maintenance.
What You Can Do Legally
Filing a Case for Maintenance
If your father refuses to provide maintenance, both your mother and the children can file a case in the Family Court under the Muslim Family Laws Ordinance, 1961. The court can issue an order compelling your father to:
- Pay regular maintenance for his children.
- Pay financial support to his first wife (your mother).
The court will assess factors such as your father’s financial capacity, the needs of the children, and the cost of living before making a judgment. Filing a case will ensure that your father continues to fulfill his responsibilities.
Legal Proceedings
- File a Maintenance Suit: You and your mother can file a maintenance suit in the Family Court. In this suit, you will claim regular financial support for your education, healthcare, and other living expenses.
- Collect Evidence: It is important to present evidence that shows your father has the means to provide maintenance, such as proof of income, property, or assets.
- Obtain Legal Counsel: A lawyer experienced in family law can guide you through the process and help you secure your legal rights.
Benefits of Filing a Case
- Guaranteed Support: Filing a case for maintenance can ensure that your father continues to support you and your siblings financially.
- Court Enforcement: Once a court order is issued, your father will be legally obligated to pay the maintenance, and failure to comply could result in legal penalties.