Post And After Divorce Maintenance in Bangladesh
People want to know how I can get post-divorce and after-divorce maintenance under Bangladeshi Muslim law. Furthermore, I am frequently asked how much money I will receive as maintenance from my ex-wife following my divorce. The clauses of the Muslim Family Laws Ordinance 1961 primarily address the issue.
The financial support supplied to a former spouse following the dissolution of a marriage is referred to as post-divorce maintenance. Its purpose is to assist the financially disadvantaged party in maintaining a specified quality of living.
The court normally determines the amount and duration of post-divorce maintenance, taking into account numerous criteria such as the length of the marriage, each spouse’s income and earning potential, and contributions made throughout the marriage. Post-divorce maintenance seeks to achieve a fair and equitable conclusion for both parties as they go forward with their lives.
Maintenance
In general, upkeep refers to food, clothing, and lodging for the family. This is not an exhaustive list. As a result, all of the items required for survival are referred to as maintenance. Maintenance is typically paid by the husband to his wife, parents to their children, grandparents to their grandkids, and so on.
When a husband is obligated to provide support for his wife:
- If the marriage must be maintained on a regular basis,
- If the wife is under the husband’s control (due to his presence),
- If the wife resides at her parents’ home or any other location with the husband’s approval; if the wife opposes staying with her husband owing to non-payment of dower or any other justifiable reason, whether the marriage is consummated or not;
- If the husband, by no fault of his own, keeps his wife outside the home.
- If the husband has more than one wife, each wife is entitled to equal treatment and support from her husband.
- When a wife is ineligible for alimony:
- If a wife refuses to follow reasonable husband directions:
- If a wife refuses to live with her husband and fulfill marital obligations for no legitimate reason,
- If the husband and wife divorce (maintenance up to the iddat period, which lasts three months)
Factors to consider while determining maintenance include:
When determining maintenance, the husband and wife’s social standing and aptitude should be taken into account.
If a husband is poor, the maintenance should be fixed according to his status, according to the Quran.
If the marriage contract does not specify an amount for maintenance, the court will determine the amount based on the facts.
If the husband fraudulently refuses to pay maintenance, the woman may initiate a suit. If the wife can substantiate her case, the court will grant her maintenance request.
Children’s and Grandchildren’s Upkeep:
Father’s Liability: A father is obligated to support his sons until they reach puberty and his daughters till they marry. Even if the children are in the custody of their mother during their infancy, the father is still obligated to support them.
Incapacity of Father:
If the father is destitute and unable to earn a living through his own labor, the mother is obligated to support her children if she is in a position to do so.
Incapacity of Parents: If both parents are poor, the task to support the children falls on the grandfather if he is in a position to do so.
Family Court has the following jurisdiction:
- A wife can sue for her own support in Family Court.
- A mother can sue for her children’s maintenance in Family Court.
- Poor parents can receive support from their wealthy children.
- Both poor maternal and paternal grandparents might receive support from their grandchildren.
Father’s Statutory Obligation for Maintenance:
A father with adequate means cannot neglect or refuse to support his legitimate or illegitimate children who are unable to support themselves. If he does, he will be required by law to make a monthly allowance for their maintenance. It is stated that even if the wife declares divorce against her husband, she will receive it.
TRW law chamber in Bangladesh and how it provides legal advice on maintenance:
Whether you need help determining your right to go to the Family Court for maintenance or representation to ensure your legal rights are protected while you participate in maintenance suits, the Barristers, Advocates, and lawyers at Tahmidur Rahman Remura Wahid, the law best Chamber, are highly experienced in dealing with such issues.
It has expertise consulting and aiding numerous overseas clients, in addition to resolving various concerns relating to the matter among domestic clients on a regular basis. Please contact us at: for questions or legal assistance.
Hire TRW for help with your Divorce or Marriage in Bangladesh:
Tahmidur Rahman Remura Wahid law firm in Bangladesh provides legal advice on marriage and divorce:
TRW’s Barristers, Advocates, and Lawyers in Mohakhali DOHS, Dhaka, Bangladesh have extensive experience dealing with marriage, divorce, and alimony. It has experience consulting and assisting numerous international clients with utmost care and attention throughout their legal troubles, in addition to handling various issues related to marriage and divorce among domestic clients on a regular basis.
Please contact us at:
E-mail: info@tahmidur.com
or info@trfirm.com
Phone: +8801847220062 | +8801779127165
Address: House 410, Road 29, Mohakhali DOHS, Dhaka.
