Question 1:
What can be done if the husband remarries his wife without divorcing her?
Answer:
In Bangladesh, remarriage without divorce is considered illegal under Muslim family law if the wife has not been divorced. If your husband remarries while still legally married to you, it constitutes bigamy, which is punishable under Section 494 of the Bangladesh Penal Code. Here are the steps you can take:
- File a Case of Bigamy: You can file a criminal case against him under Section 494 of the Penal Code for marrying another woman without divorcing you. This can lead to criminal prosecution and legal consequences for him.
- Seek Divorce: If you wish to end the marriage, you can file for divorce under Muslim Family Law Ordinance, 1961 or Talaq. You can also seek the assistance of a family court for a Khula (divorce initiated by the wife).
- Seek Maintenance: You can also apply for maintenance under the Muslim Family Laws for financial support if you have not already done so.
Question 2:
What legal action can be taken against him if he commits adultery while leaving his wife at home?
Answer:
In Bangladesh, adultery is a serious offense under both Muslim family law and the Bangladesh Penal Code. If a husband commits adultery, here’s what can be done:
- File a Case for Adultery: According to Section 497 of the Bangladesh Penal Code, committing adultery is a criminal offense. You can file a criminal case against him for adultery. This can result in imprisonment for the husband, and the case can be pursued in a criminal court.
- Divorce: You can file for divorce (Talaq or Khula) in the family court due to his misconduct and adultery. This would end the marriage legally.
- Seek Compensation: In cases of adultery, a wife can also seek compensation for emotional and financial distress caused by her husband’s actions.
- Custody and Maintenance: If you have children, you can seek custody and demand maintenance for them as well as for yourself.