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: ishrat.lawyer@gmail.com
Query
I am a regular reader of the Daily Observer. I see that Land & Justice page helps readers meet their queries by a legal advisor. Here I am. I have two queries. Can a woman be divorced, following a serious injury to her body, with inability to take care of her husband? If she can, then what would be the fate of their children? Who can own the children? A woman is long in love with a gentleman was somehow married to a stranger. Now she wants to divorce her that stranger-turned husband and marry her paramour. What is the procedure provided by law?
Zarin Tasnim on email.
Opinion
Thanks for your query. You have asked two frequently asked questions regarding family matters. There you go. First of all- Bodily injury or inability to take care of the husband cannot be valid grounds for divorce. Physical disability of the wife may at best be a reason for the husband to seek permission from both her and arbitration council to take a second wife. The question of custody of the minor children is not dependent upon the question of divorce. Irrespective of divorce, generally mother remains to be the primary custodian of her minor children if not otherwise disqualified. In case of female child mother is entitled to her custody until she attains puberty and in case of male child until he attains the age of seven years. In this regard- Maternal love and affection is the parameter the court considers most. Your next query denotes that - a lady long in love with a gentleman was somehow married to another man. Now she wants to divorce her husband and marry her paramour. You want to know the procedure provided by law. Well, if the power of divorce is delegated to her under Section-18 of the KabinNama, by her husband she may divorce herself from her husband by a notice addressed to the local Chairman with a copy of the notice served upon her husband. And the talak may be effected by operation of law upon observations of certain legal procedures(I have described the legal procedures in the previous opinions published in Law Page). Furthermore, the option for filing a suit for dissolution of marriage is there if it can be shown that there is one or more of the grounds for the same required in Section 2 of the Dissolution of Muslim Marriage Act, 1939. For example - that the husband treats her with cruelty, that is to say, - habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or associates with women of evil repute or leads an infamous life, or attempts to force her to lead an immoral life, or disposes of her property or prevents her exercising her legal rights over it etc. I hope the above opinion meets your query. Stay fine.
