Legal Question in Family Law in Bangladesh

Dear Lawyer,

I am from Bangladesh and an undergraduate student. I want to divorce my husband as since we got married (August 2011), he is not looking after me and is sexually disabled. In addition, he lies a lot and is involved with different illegal activities. I heard that I should have special power in the kabinnama to divorce my husband. The kazi was familier to my husband and the kazi only took my name, address, the amount of Mahrana and signature. In addition, he took my and my husband's signature to 2/3 white paper with 100tk stamps. We were supposed to give him 10,000tk as the amount of Mahrana was 10,00,000tk. So far I know my husband gave him 6,000tk. However, after 1 month, we were informed that the marriage has been cancelled due to the delay in fulfilling the required money. But later I came to know from another Kazi that the marriage cannot be cancelled and the amount of money we should give the kazi is not more that 6,000tk. Now my questions are:

1. Is it really possible to cancel a marriage for a delay in fulfilling the required money or any other reasons?

2. How much do i need to collect Kabinnama?

3. How long do i need to have my Kabinnama? Will I get it the day I will go to the kazi Office or it will take several days?

4. How much will it cost if I want to take help of a lawyer through collecting Kabinnama and the process of divorce?

5. Is my lawyer able to collect my kabinnama on behalf of me?

6. Is it not really possible to divorce if I don't have special right to divorce my husband in kabinnama?

7. Do I have to collect the Mahrana? If my husband does not give me anymore, what should I do?


Asked on 3/02/12, 9:16 pm

1 Answer from Attorneys
Raoman Smita Law Thinkers

Dear,

Here are your answers:

1.No. Marriage can be cancelled only by divorce.

2.Legally you don't have to give money for collecting kabinnama. But in practical the money varies. It depends on the person from who you will collect or you can bargain.

3.It won't take days if you spend some money. You can get it at once or 1 hour ...depends...

4.Fees of a lawyer is not fixed.

5.Yes.

6.Now-a-days power to divorce is mentioned in 18 no. point in Kabinnama. Otherwise you can divorce judicially under following grounds:

a) desertion for four years,

b)failure to maintain wife for two years,

c) husband is contracting of a polygamous marriage in contravention of established legal procedures,

d) husbands imprisonment for seven years,

e)husbands failure to perform marital obligations for three years;

f) husbands continued impotence from the time of the marriage;

g) husbands insanity for two years or his serious illness;

h) wife can exercise of her option of puberty if she was contracted into marriage by any guardian before age of 18 and repudiates the marriage before the age of 19 (as long as marriage was not consummated);

i)husbands cruelty (including physical or other mistreatment, unequal treatment of co-wives);

j)any other ground recognised as valid for dissolution of marriage under Muslim law.

7.Mahrana or dower is your right. If your husband denies to give Mahrana then you have to file a suit to collect that money.

Regards

Advocate Raoman Smita

[email protected]

www.lawthinkers.com

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Answered on 3/03/12, 6:56 am


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