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.
MAINTENANCE DURING AND AFTER A DIVORCE
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.
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 MAINTAIN 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, all of the wives are entitled to equal treatment and maintenance from their husband.
- 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 BE CONSIDERED WHEN DETERMINING MAINTENANCE:
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 AND GRANDCHILDREN MAINTENANCE:
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 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 STATUTE OBLIGATION REGARDING 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.