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Opinion on Family Matter (Divorce)

Dear readers, this week Your legal advisor is Shaleh Akram Somrat, Advocate, The Supreme Court of Bangladesh. He works with a renowned law firm namely ‘Mentor IP, 501, Concord Tower, Kazi Nazrul Avenue, Dhaka, which
professionally deals mainly with corporate law, commercial law, family law, employment and labor law, land law,
banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies.

I am a 30 year-old-woman. I got married in 2014. Before that I worked as a receptionist in a renowned business firm. As I never intended to go against my parents wish I married a 37 years old businessman of their choice. But on our first night I found out his reluctance in having cohabitation which seemed wired to me but not unusual as this was our first stay together. But my doubt grounded strong when I realized that he is incompetent of establishing sexual cohabitation. My heart was broken when he confessed to me that he has been impotent for so long which he kept hidden from my parents. I took him to doctor and kabiraj but his situation did not improve. I had a dream of having a heavenly family with my husband and children. Now my dream is doomed. Initially I kept it hidden from my parents, but later, finding no other effective way I told my parents about the matter. They told to me to procure a divorce. But I know nothing about the procedure. Can I divorce him on the ground of impotency? My dower money was fixed 10 lac, in this respect how much money I have to relinquish? I shall be ever grateful if you please tell me in details the exact process by which I can divorce my husband.
Khadijatul kubra priya
Lalbag, Dhaka.

Opinion:
Your query can easily be divided into two parts: i) whether you have the right to divorce on the ground of impotency, if then, what is the appropriate process? ii) After declaring divorce what would be the possible settlement against your dower claim? Followings are the straightforward solutions for you:
Divorce Process: Your name suggests that you are a Muslim, thus, the Rules of Muslim Law will apply to your case. A muslim woman can declare a divorce to her husband if the Kabinnama Empowers her with that right; and containing such a clause has been made mandatory by the Government (usually clause 18 of the Kabinnama contains this condition). This is called Talaq-e-Tawfiz. Nevertheless, the reason you mentioned here (impotency of your husband, for which you may get a decree in favour of declaration of divorce from the family court as well) is one of the crucial reasons for what a wife can enjoy the right to declare divorce to her husband. In such a case you may start the separation process amicably (Talaq-e-Khula) or you can declare divorce to your husband and send a notice to him and the authority concern (Talaq-e-Tawfiz). Though Talaq-e-Khula commences its functions expeditiously and you may get your divorce certificate immediately; you may have to abandon your dower claims in this way. Thus, the only process best suits to you is using the method of Talaq-e-Tawfiz. The process is very simple and requires multi-folded steps.
Step-1: You will declare Talaq and make written document of it (through your appointed lawyer or government Nikah Registrar or by yourself).
Step-2: instantaneously send the Talaq notice (registered post is preferred) to the addresses of your husband and the concern government authority (usually City Corporation or Municipality Office) and wait for 90 days (three months).
Step-3: The authority will start an Arbitration Case and set a date in each month to keep the door of negotiation open.
Step-4: If within the 3 dates (3 months) no settlement is agreed then the authority will issue an Order accordingly.
Step-5: Collect the Order sheet of the Arbitration Case and go to a local Nikah & Divorce Registrar’s Office (Kazi Office). They will check the “Balam Book” and after a formal verification will issue a Divorce Certificate accordingly.
Afterwards, if you want to marry again you must wait for 3 period circles that is to say that you must observe Iddath Period. Nevertheless, the law suggests that your husband may seek time before the family court (usually 1 year) to overcome the medical condition (impotency) through appropriate treatment and may be allowed to the same but as your case suggests that he already exhausted this process too, in my opinion, there is no legal bar to proceed for declaring divorce.
It is noteworthy that in Hindu Law there is no concept of divorce. Thus, a hindu man/woman may prepare a “Deed on Declaration of Separation” whereby, all the legal rights and liabilities will be declared to have terminated!
Dower Money: Sexual intercourse purifies the right to dower. If you two have not, at all, gone through any sexual activities, you will be entitled to half of the amount of total dower money (if any portion is realized at the time of or after marriage, that amount shall be deducted). Conversely, if the marriage is consummated or sexual intercourse has been performed then you will be entitled to the entire amount of dower money (i.e. 10 lacs).
Hope, you got your answers. Thank you for your queries.

source: https://www.observerbd.com/2016/01/07/129705.php

Published :Thursday, 7 January, 2016,  Time : 12:00 AM

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