Question:
My sister has been married for seven years under Hindu rules and has a 5-year-old son. She now lives with us because her husband is unemployed and abusive. He wants her to return but has threatened divorce or remarriage if she refuses. If he divorces her or marries again, who will have custody of their child?
Answer:
Under Bangladeshi law, Hindu couples face unique challenges in divorce and custody cases, as there are no specific provisions for Hindu divorce. However, your sister has several options for protecting herself and her child.
- Child Custody Rights
Generally, the primary caregiver, especially the mother, holds a strong position in child custody cases if it benefits the child’s welfare. Since your sister is the one caring for the child and is employed as a primary school teacher, she is likely to be favored as the custodian, especially if her husband is abusive and unemployed. - Legal Separation and Maintenance
While divorce isn’t formally recognized under Hindu law in Bangladesh, your sister can apply for separate maintenance and child support under Section 9 of the Family Courts Ordinance, 1985. This can provide financial assistance for her and the child if they remain separated. - Protection Against Abuse
If her husband has been abusive, your sister can file a domestic violence complaint under the Domestic Violence (Prevention and Protection) Act, 2010. This may help secure a protection order to prevent further harassment and potentially influence custody arrangements in her favor. - Child’s Welfare Priority
In any court consideration, the child’s welfare is the priority. Since your sister is in stable employment, and if she provides a safer environment, the court would likely grant her custody, considering her capability to support the child.