your Legal Advisor
Dear readers, this week Your legal advisor is Ishrat Hasan, Advocate, The Supreme Court of Bangladesh. She is Managing partner of the renowned law firm namely, 'The Law Consultant', Eastern Mansion, 67/9 Pioneer Road, Kakrail, Dhaka, which professionally deals mainly with corporate law, cyber 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. She can be reached at - cell: 01521515654 e-mail: [email protected]
My father regularly takes alcohol and assaults and hurts my mother. As due to ignorance and fear she did not know what to do, she remains silent for 25 years of marriage. I and my younger sister are the only children, the wrath of his misconduct had also touched our lives in many ways but we grew up strong and balanced but mom is soft by nature and the torture and trouble she is going through and regular pressure from our father is a concerning factor for us, here I am not depicting the whole story but now I am 20 years old and wants a relief against such a social injustice we are living in. How can the law help us in such a situation?
Thank you for your query. After 25 years of suffering, I think your mother is not looking for divorce now and may be looking forward to stopping these cruelty and atrocities committed on her.
If that is the case then your mother can simply file an application to the court of the first class magistrate or metropolitan magistrate for domestic violence under the Domestic Violence Act-2010, where the court shall issue a protection order in favour of your mother and issue order restraining your father from committing violence.
Then the court may also issue following residence order-
1. restraining your father from residing or visiting the shared residence or specified part thereof where your mother resides;
2. restraining your father from dispossessing or in any other manner disturbing the possession of your mother from the shared household;
3. directing the Enforcement Officer to make arrangement for a safe shelter or safe place for your mother and her child/children.
Besides that remedy, Under the same Law, you mother according to her wish can also seek unlimited compensation, if there is any personal injury or financial loss or trauma or psychological damage or damage to movable or immovable property or any possibility of such damage or loss caused to her as a result of domestic violence.
Here the court is bound to dispose every application under this Law within 60 working days from the issuance of the notice.
If your father still continues to breach those orders given by the court it will become an offence under this Law, then he may face six-month- imprisonment or fine which may extend to ten thousand taka and 2 years or one lac taka if he repeats the same offence.
I think this will solve your problem. Nevertheless, if she is looking for the divorce, then she may file for divorce on the grounds of cruelty.
You don't need many recordings or evidence for filing domestic violence case for seeking the restraining order. Whatever you have may be more than sufficient. The main evidence is your mother's statement before the court. I hope this opinion meets your query.