Question
The boy’s family has loudly claimed that if the girl or the boy files for divorce, the girl will have to pay the dowry money to the boy. However, I believe the opposite is true. Some women have also agreed with this claim. According to the law, if the girl decides to divorce the boy, does she have to pay dowry to him?
Answer
In Bangladesh, the issue of dowry and divorce is addressed primarily under the Dowry Prohibition Act, 1980, and the Family Courts Ordinance, 1985. Here’s how the law applies:
- Dowry Definition:
- Dowry refers to any property or valuable security that is given or agreed to be given by the bride’s family to the groom or his family at the time of marriage. It is illegal to demand dowry in Bangladesh.
- Legal Obligations on Divorce:
- According to the law, a wife is not obligated to return the dowry to the husband if she files for divorce. The dowry is considered her property once given. Thus, if the girl decides to initiate the divorce, she does not have to repay the dowry.
- Rights of the Wife:
- If the husband divorces the wife, he cannot demand the return of the dowry. The law protects women from being penalized for initiating a divorce.
- Section 3 of the Dowry Prohibition Act states that the giving and taking of dowry is prohibited and is punishable by law. Therefore, any demand for dowry at the time of divorce is illegal.
- Misunderstandings About Dowry:
- Claims made by the boy’s family about returning dowry upon divorce are often based on traditional beliefs rather than legal facts. It’s essential to understand that these claims do not hold legal weight.
- Legal Protections:
- If you are faced with such demands, it is advisable to consult a lawyer who can help clarify your rights and guide you in dealing with the situation.
- If the boy’s family continues to pressure you regarding dowry payment, you may also file a complaint with the local police or family court.