Question
How is it possible to get Kabin/Maharana money if the wife gives divorce? Maharana did not receive any kind of money or things in advance. I don’t want to make any concessions, as it has destroyed the peace in my family’s life, including mine. I can’t stand it anymore.
Answer
In Bangladesh, Maharana (Dower) is a legal right of a wife, and it can be claimed even if the wife initiates the divorce. Here’s how you can proceed:
- Understanding Maharana (Dower):
- Maharana is the amount or property that the husband promises to pay to his wife at the time of marriage, and it becomes payable upon divorce or the husband’s death.
- It can be specified (pre-agreed) or unspecified (left to the discretion of the husband) at the time of marriage. Even if no payment was made in advance, the wife still has the right to claim it later.
- Divorce and Maharana:
- When a wife gives a divorce (or the husband initiates the divorce), the Maharana amount becomes due and must be paid to her. This is based on the legal principle that the dower is her right regardless of who initiates the divorce.
- If no specific amount was agreed upon, then the husband is still obligated to pay a reasonable amount, and it may be determined by the court.
- Legal Claim for Maharana:
- If the husband is refusing to pay, the wife can approach the family court to claim her Maharana. The court will determine the amount, taking into account the circumstances of the marriage and divorce.
- In case the husband refuses to pay or does not have the means to pay, the court may order a payment schedule or allow alternative ways to settle the amount (like property).
- Steps to Take:
- To claim Maharana, you (or your wife) need to file a case in the family court. Evidence of the marriage, the dower agreement (if available), and proof of the husband’s refusal to pay will support your case.
- If you are unable to negotiate the payment directly with your wife, legal action is your recourse, and the court will decide the amount and the method of payment.
- Impact on Peace:
- It’s important to understand that legal matters like this often take time and may strain family relations further. Consider seeking counseling or mediation as a first step to avoid further deterioration of relationships.
- Rights of the Wife:
- Regardless of how things unfolded during the marriage, the wife’s right to Maharana remains protected by law. It’s crucial that the wife claims this right for her financial security.