Legal Question in Family Law in Bangladesh

Hi i am divorced from my husband 14 years ago and we have a daughter from our marriage . I want to take full custody of my daughter legally under muslim law and Bangladesh legal system . she has been residing with me and my parents last 14 years , my ex husband bears no child expense or maintenance nor keeps any track of our daughter if shes alive or dead , infact hes completely disappeared. i only have his email to reach him and all means of communication is impossible. Now i want to remarry and daughter wants to see her father as well . I want to know what could be the consequences for the upcoming steps . what should i do know . Please donot share my question on web and keep names annonymous . Thanks for your understandig .


Asked on 1/18/16, 7:20 am

1 Answer from Attorneys

Barrister Monjur Elahi M. Elahi & Associates

The Family Courts Ordinance of 1985 states that the mother usually has the most right to the custody of her young children in case of daughter you can keep your daughter till she attains puberty. after that the daughter need to to handed to her father as he is the natural guardian of her. However in your case the daughter is well mature to form an intelligent preference. If you daughter want to see her father there is nothing in law which prevent her from doing so. Since you cannot reach your husband you should move on with your life and convince your daughter to stay with you. Thereafter you must consider to file a case in the appropriate court of your district for legal guardianship of your daughter. For filing the suit please contact an experienced lawyer.

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Answered on 1/22/16, 6:50 am


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