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, 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.hasan@outlook.com
Query
I got married as per Muslim Law in 2007 and registered officially. My wife's character was not good (Sorry I don't want to give more details here). So we had lot of problems and got divorced by 2009 under mutual consent. After 1.5 years later she met me again and she said that she changed a lot.
In addition she cried and asked me to accept. I accepted, we continued our life and got a kid by 2011. But we didn't legally marry again. Again she started doing her dirty things and I took her to many counselors but she didn't change herself. Again we departed by 2013. Now we are separated for 3.5+ years.
My kid is with her and I take care of my kid during my holidays. She is ready to handover my kid as well.
Note: I have few video evidences, mails, chats from her to prove that she is a woman of bad character. But considering my kid's future I don't want to do that. I prefer to solve it in an amicable way.
The questions are-
- Do I have to apply for divorce once again?
- Is there any other ways to get the No objection from her?
- If Divorce is the only option, quoting the previous divorce, is it possible to close it quickly? Thanks in advance!
Shuvo
Dhanmondi, Dhaka
Opinion
Thanks for your query. Since you are not legally married to your wife (whom you had divorced through the court), there is no question of courts granting divorce again. Since the child was born from the live-in relation after the divorce and as the same is disputed by your wife, the court may presume the presumption of marriage due to long cohabitation and child from the said relation. If your wife is not ready to file any case or anything against you and you are residing separately, in such circumstances, you should not file for anything and can take custody of your kid if you so desire. I am not suggesting to file for anything now unless any issue is taking up by the wife. You may get re-married even if you want to. Technically, you don't need to take divorce from the ex-wife or any kind of no objection for anything. Just continue to live your life peacefully and take care of your kid.
Now, the next question may arise in your mind that what if she does not allow you to take your child. In this case, the court will decide. Father is the natural and legal guardian of the children. Normally, in case of girl, the mother is entitled to get custody until she attains puberty and in case of a boy, the mother is entitled to get custody until he attains the age of 7 years.
However, always the prime consideration for the court is the well being of the child. Court will give him or her the child with whom the same will get better future and happy life. But if you establish the bad character of your wife by aforementioned evidences then the decision of the court may lean to your side.
