Question:
I divorced a year ago, but I was not informed and only received a divorce letter after visiting my father’s house. My ex-wife got married elsewhere and wrote off my debt on the Kabinnama paper. However, she has not returned my clothes, jewelry, or paid the waiting costs. How can I recover them, and what are my rights in this situation?
Answer:
In your situation, you are entitled to recover the property, debts, and assets that belong to you. Here are some legal options to pursue:
- Recovery of Debts and Assets (Jewelry, Clothes, etc.):
- Legal Action for Recovery: If your ex-wife has possession of your property (e.g., jewelry, clothes), you can initiate a civil lawsuit to recover the property or its value. The court may order her to return the items or compensate you for their value if she refuses.
- Document Your Claims: It’s important to gather any evidence of the items, such as photographs, receipts, or testimonies from witnesses, to support your case.
- Notice of Demand: Before filing a lawsuit, you may want to issue a formal notice of demand to your ex-wife asking for the return of your items or the payment of the debt. This can sometimes lead to an amicable settlement.
- Debt Written in Kabinnama:
- If your ex-wife wrote off your debt on the Kabinnama (marriage contract), it does not automatically cancel your obligation. However, if she is attempting to impose an unfair debt on you, you can challenge it in court.
- If the Kabinnama has provisions regarding financial rights, maintenance, or debts, these need to be reviewed by a lawyer to understand whether you are entitled to a return of assets or payments, such as any dowry or maintenance due to you.
- Recovery of Waiting Costs:
- If the “waiting costs” refer to maintenance or any financial obligations during the waiting period after divorce (iddat), you are entitled to claim these payments, as per the laws governing divorce and maintenance in Bangladesh.
- You can approach the family court to claim maintenance or any arrears that are owed to you. The court will determine what is fair based on the circumstances.
- Your Rights in this Situation:
- As a divorced individual, you are entitled to property and assets that were jointly owned during the marriage, and any debts or obligations related to the marriage should be settled fairly.
- If your ex-wife has withheld your property or financial obligations, you have the right to claim these through legal channels, including family courts or civil courts, depending on the nature of the claim.
- Legal Action Steps:
- Consult a Lawyer: It is highly recommended to consult with a family lawyer who can help you draft legal notices, file claims in court, and guide you through the legal processes.
- Family Court or Civil Court: Depending on the type of claim (property, maintenance, debts), you may need to file a case in either the Family Court or the Civil Court to recover your assets and resolve any disputes.