Family Lawyer in Bangladesh

Al Amin Rahman & Associates

A person may wish to never get entangle with a family lawyer in Bangladesh. In reality, life may take a sudden you turn where the only help available would be from a family lawyer in Bangladesh. Al Amin Rahman & Associates understand that the client wants to be discreet and want us to maintain an utmost secrecy. Our Family Lawyers in Bangladesh know how to act in such circumstance. Family law may concern custody of a child, divorce, inheritance, will and trust law.

Although divorce by a Muslim living in Bangladesh is an easier process, however, dissolution of marriage for Hindu people remains a legal jargons. Followings give an outline by which a Hindu person can divorce in Bangladesh:

Divorce by a Hindu Person with the help of a Family Lawyer in Bangladesh

Bangladesh maintains a secular legal system apart from issues interrelated to inheritance, marriage and divorce when Muslims abide by Sharia laws and Hindus follow laws constructed on prehistoric un-codified customs.

There are two main thoughts of Hindu law: a) Mitakshara and b) Daya-bagha.

The Daya-bagha is the basic principle applied on Hindu marriage laws in Bangladesh. The matrimonial bond, as per Hindu family laws, is considered to be sacred and eternal to be carried on for this life and the next.

However, the world is not an ideal place where we are imperfect as well as our relationships. A good family lawyer in Bangladesh would help you to find out a good number of reasons that are responsible for the breakdown of a relationship. Afterall every individual must have a right to freedom. Divorce plays a prominent role allowing men and women the opportunity to part their ways when their paths no longer lead to their desirable destination.

Restriction of Divorce | Reasons why a need of Family Lawyer in Bangladesh is imminent

In the 21st century, surprisingly it is true for all Hindu marriages that the government or the legal system would have a say as to whether men and women want to stay in a marriage or not. Hindu family laws do not permit divorce under any circumstance. There is no justifiable way a man and woman can separate themselves once they are committed, even if the decision to divorce is mutual. However, in some communities, divorce is allowed by custom and the courts enforce such customs provided they fulfill the requisites of a valid custom.

In contrast, in India, by dint of the Hindu Marriage Act, 1955, both the husband and the wife has the opportunity to go to the court and demand dissolution of the marriage. Section 13 of the concerned Act, the recognized grounds for pleading divorce includes brutality, adultery, disappearance, irrationality or incurable disease and so on.

Solution

In Bangladesh, the court can dismiss the marriage if any party converts the religion. It is rightful for a wife to seek for the maintenance allowance to her husband even after he converts to another religion. However, as per the Native Converts’ Marriage Dissolution Act 1866, she loses this right.

Although divorce is not obtainable for Hindu women under Shastra rules as used in Bangladesh, they can, however, bring a lawsuit for

court decree for a separate residence and maintenance on limited situations depicted in the Hindu Married Women’s Right to Separate Residence and Maintenance Act of 1946. The circumstances are that the husband is suffering from an incurable disease not infected from the wife, maintains a brutal attitude that it stands “insecure” or “undesirable” to continue with her husband, the husband leaves her without her approval, remarries, changes the religion, or if there are some “further admissible reasons.

As per the 1946 Act, maintenance right is not out-and-out for the Hindu wife. A Hindu woman is not entitled to maintenance or loses her entitlement if she is unchaste, alters to another religion, or fails to

conform with a court decree for restitution of conjugal rights [Sections 2 and 3 of Hindu Married Women’s Right to Separate Residence and Maintenance Act of 1946].It’s pertinent to note that the forum via which to seek relief, recourse has to be had to Section 3 of the Family Courts Ordinance, 1985, which provides that a Hindu wife can bring a suit in the Family Court for maintenance against the husband.

Current Situation

Currently, Hindu women are deprived of proper inheritance, right to divorce even though the husbands leave them for another woman and beat them all the time. Bangladesh government is not in a position to reform Hindu personal laws further because of diehard protest of some Hindu extremist groups including some of their most educated people. Hardliners do not even support registration of their marriages.

Thus, it is quite clear that compared to India, the divorce law for Hindu men and woman in Bangladesh is prevalent with unfairness and it demands modernization. It is high time Bangladesh Government could enact a clear divorce law for Hindu men and woman to keep pace with the needs of modern generation.

Out of all legal remedies offered by the state, Writ is a crucial form of legal remedies against the infringement of the administrative actions which is getting much more popular upon several successful applications as a remedy in the context of the adverse activities of the state bodies. If effective measures are taken and brought to the court maintaining the proper procedure, Writ Petition in Bangladesh can be demonstrated as an effective remedy for the public as a special modification in the existing legal and administrative system of Bangladesh.

Thank You!