Legal Question in Family Law in Bangladesh

Dear Sir

We would really be helped if you please read this with patience. I really need your answer/suggestion about the matter bellow, my location is dhaka/bangladesh.

My relative's wife engaged in some illegal/unsocial relation with other guys. My relative got to know that and he didn't say anything to his wife at that moment but just take his wife to his wife's parents-house and explain the truth to his parents.

The situation was intolerable for my relative because he really loved his wife. But anyway, after few days later my relative set his mind and send divorce letter to wife's parents house and they (wife'e parent) received the divorce letter through register post. But his wife's parents were very dishonest and they file a criminal case against my relative and relative's parents mentioning lots of false things - for example,

1. husband and husband's parents demanded zoutuk

2. They tortured her etc.

Wife's parents also changed the kabin nama's amount from 3 lakhs to 13 lakhs. For your information the Kazi was wife's parent's own people and with the help of that Kazi the got a new kabin nama.

At this situation my relative and his parents are really in deep mental agony. My relative also owns the real copy of kabin nama.

Now should he(my relative) do? Badly in need of your suggestion. How can he get Zamin? How can he prove the amount in kabin nama is false? Really in mental agony... Never face such situation (mental agony/tension/fear/ feeling of dishonor). Please provide suggestion.


Asked on 12/07/11, 1:23 am

2 Answers from Attorneys
Abdullah Al Mubin

Creaton of false kabinnama is a different type of weapon that is used to harass husband often in our country. Don't worry. If your wife really fabricated the kabinnama you will certainly be able to disprove that. In that case you need to file suit challenging the kabinnama or to contest their your wife's suit if filed earlier. Take a good lawyer and started fighting against that. Regarding bail you may go to high court division.

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Answered on 12/07/11, 6:25 pm
Monsur Faruqui Faruqui & Associates

BAIL:

It appears that the Criminal Case is the biggest concern for your friend right now. He can either �

A. surrender before the lower Court and pray for Bail (Zamin). OR

B. if the prayer is refused in the lower Court, he can make an application for a regular BAIL before the High Court Division. OR

C. if he does not want to surrender before the lower court as such, he can make an application for ANTICIPATORY BAIL before the High Court Division.

DIVORCE:

The Divorce proceedings will automatically be completed once the hearing by the concerned City Corporation is finished (upon expiry of 90 days from the date of service of the notice). They cannot avoid it simply by denying the acceptance of the Divorce notice or otherwise.

FALSE KABINNAMA:

Since you friend has the original Kabinnama, he should not be worried about the false on. However, if they initiate any legal proceeding against your friend relying on the false one he will always have the opportunity to prove the falsity of the same in trial.

Don�t be upset, consult a lawyer.

Thank you.

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Answered on 12/09/11, 1:40 am


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