Legal Question in Family Law in Bangladesh

Dear Lawyer,

I am a Canadian citizen (originally from Bangladesh), and a father of a Canadian born daughter of 29 months old. My child's mother (I do not feel like calling her my wife based on some valid reasons) is in Bangladesh with my child since 2010. She was supposed to return to Canada in July 2011 but refused to come back to me. We became aware and well-percieved that my child's mother is already in a relationship with someone in Bangladesh. She, herself, openly said to my family that she would be happy with that new guy. But when others ask her and her family, they make false accusation against me and my family of torture and abuse. My father was even attempted to be physically assaulted by my child's mother and her brother, when my father and uncle went to visit my daughter and wanted to speak about my child. My uncle stood in front of my father to protect him from physical harm and abuse. That family was extremely abusive verbally as well that my father cried and became sick as he was already a patient with high blood pressure and diabetes. The behaviour my father and my uncle experienced was unspeakable and could rearly be seen and/or heard. They were even kicked off from the house as they attempted to leave the house for the sake of their own honour.

I have filed for a child custody case in Canada and served her the legal notice in Bangladesh by my father. Could you please tell me what are my chances to get custody of my daughter in Bangladesh. We are 100% confirmed that my child's mother is already in a relationship, and more likely she has already got married to the guy she was referring to. We do not have documented evidence but what we heard and the observation by some people over the past six months, it was quite clear that she is already married to somebody else without serving me any divorce notice. Because she only cares about money and provoking me to serve the divorce notice on her instead by her misconducts. We made numerous attempts to sit with her family for the sake of my daughter's normal upbringing, but our attempts have failed.

Based on the above situation, what are my chances of getting custody of my daughter in Bangladesh if I Can get custody order in Canada? And although we are very sure, how can I find out or get documents whether she signed off the divorce paper and her remarriage certificate? I must find out because my life is kept on hang purposedly while she is enjoying her life.

Here in Canada, there is only one place, the City Hall, everyone must go for marriage/divorce documents. What about in Bangladesh? Please advise as soon as possible. Thanks.

Allah hafez.


Asked on 1/23/12, 1:26 pm

1 Answer from Attorneys

Monsur Faruqui Faruqui & Associates

It appears that your main concern is the custody of your 29 months old daughter. As an interim relief, you can file an application under S.100 of the CRPC 1898 for issuance of search-warrant against your wife and others concerned. Once your daughter is brought before the Magistrate, he will make an interim order regarding her custody. This way you can get her custody quickly.

Thereafter, you can file a regular case for her custody in the Family Court for a permanently custody.

Documents regarding the re-marriage can be found in the concerned Kazi Office. However, the re-marriage without a valid divorce is a nullity which can be challenged in the Family Court.

Best regards,

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Answered on 1/30/12, 10:48 am


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