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What can a husband do when Kabin is unaffordable?

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  1. What can a husband do when Kabin is unaffordable?
  2. How to handle dowry and Kabin demands after marriage?
  3. Steps to deal with dowry threats and Kabin demands?

Question

My cousin got married 7+ years ago. After meeting on Facebook, love finally led to marriage. When he got married, he was an HSC student. Due to pressure from the girl’s family to marry someone else, the boy also pressured his family and agreed to the marriage. They demanded a dowry of 5 lakh taka on the day of the wedding. The boy, being more emotional, agreed to pay the dowry. After the marriage, it was known that the girl is older than the boy and was previously married elsewhere. They secretly got married. She does not live with her husband after the marriage. She rents a house elsewhere and does not return to live with him. But she started taking all the expenses from the boy. After a few years of this, the boy pressured her to start a family, but the girl did not agree. On the contrary, the woman threatened to file a dowry case against the boy. So, the boy no longer discusses starting a family. Now, she does not live with him and demands the Kabin (dowry). Kabin is making various threats for its money. My cousin does not have the ability to pay so much for the Kabin. What is the way out of this trouble for my cousin?

Answer

This is a complex situation involving several legal and emotional factors. Here’s a breakdown of the possible courses of action for your cousin:

  1. Kabin (Dower) and Dowry Context:
    • Kabin is an amount specified in the marriage contract (Kabinnama) to be paid by the husband to the wife. The dowry is a separate issue, typically paid by the bride’s family to the groom’s family, but dower (Kabin) is considered the husband’s responsibility under Islamic law.
    • If your cousin cannot afford the Kabin, he might be able to negotiate a reduced amount, provided the wife is willing to agree. Since your cousin has financial constraints, he could try to settle the matter through discussions or mediation with his wife or her family.
  2. Legal Implications of Dowry and Kabin:
    • Dowry Threats: If the wife is threatening to file a dowry case, it is important to understand that dowry harassment is illegal in Bangladesh, and the husband cannot be forced to pay a dowry. If the woman demands money that was not part of the legally binding Kabin, your cousin may be able to challenge her claims in court.
    • If the wife’s demands for Kabin exceed what was agreed upon in the Kabinnama or are unreasonable, legal advice should be sought to negotiate or seek an appropriate legal remedy.
  3. Avoiding Forced Divorce or Harassment:
    • If the wife continues to pressure your cousin by threatening to file cases or demands unreasonable amounts, your cousin may want to consult a family lawyer to protect his rights. In some cases, family mediation or arbitration may be a useful way to reach a fair settlement without resorting to formal legal proceedings.
    • If the wife has been absent from the marital home and has refused to live with her husband, your cousin may consider legal action for nullification of the marriage or seek a divorce if it is mutually agreed upon.
  4. Filing for Divorce (Talaq):
    • If reconciliation fails and your cousin wishes to divorce the wife, he may do so under the Islamic divorce process (Talaq). After divorce, the wife is entitled to her Kabin or the dower amount specified in the marriage contract. However, if your cousin cannot pay the full amount, he may request a reduced amount through legal proceedings.
    • If your cousin cannot afford the Kabin, he may petition the court for a payment plan or seek assistance from legal professionals to negotiate a reduced sum or request the court to consider his financial status.
  5. Protection from Harassment:
    • Your cousin should document all communications and threats made by his wife. If the wife continues to pressure him with threats of legal action, he can file a complaint with the local police for harassment or extortion.
    • If there are serious allegations of false dowry claims or threats, your cousin may seek legal advice on how to counter these accusations, possibly in court.
  6. Legal Assistance:
    • Legal Consultation: Since the situation involves potential legal issues like Kabin, dowry, and threats, it is advisable for your cousin to consult with a family lawyer who specializes in marital and divorce law. A lawyer can guide him on how to approach the situation legally and negotiate with his wife or her family.
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