People wants to know how I can get my post and after divorce maintenance under Muslim Law applicable in Bangladesh. In addition, it is usually asked that how much money I shall get as a maintenance after my divorce as an ex wife. The issue is mainly dealt by the provisions of the Muslim Family Laws Ordinance 1961.
In general, maintenance means food, clothing and lodging for maintaining the family. This definition is not exhaustive. Therefore, all the things which are necessary for living are known as maintenance. Maintenance is usually given by the husband to his wife, the parents to their children, the grandparents to their grandchildren etc.
When a husband is bound to give his wife maintenance
- If the marriage needs to be regular
- If the wife is within the control of husband (considering the presence)
- If the wife resides to her parents house or any other place with husbands consent
- If the wife denies living with husband due to not giving of dower or any other legitimate cause whether marriage consummated or not
- If the husband due to his own fault voluntarily keeps his wife outside home
- If the husband has more than one wife, all of the wives will be entitled to equal treatment and maintenance from their husband
When wife is not eligible for maintenance:
- If wife refuses to obey reasonable instructions of the husband
- If a wife refuses to live with the husband and perform marital obligations without valid reason
- If husband and wife get divorced (maintenance up to iddat period which extends to 3 months)
Facts that need to be considered while determining maintenance:
- While determining maintenance, husband and wife’s social respect and ability should be considered.
- According to Quran if a husband is poor then the maintenance should be fixed according to husband’s status.
- If the marriage contract does not state any amount for maintenance than court will decide the amount by considering necessary facts.
- If the husband fraudulently preclude himself to give the maintenance than wife can file a suit. If wife can proof her case than the court will allow wife’s plea of maintenance.
Maintenance of Children & Grandchildren:
- Liability of Father: A father is bound to maintain his sons until they have attained the age of puberty and his daughters until they are married. Even if the children are in the custody of their mother during their infancy, this does not relieve the father from the obligation of maintaining them.
- Incapacity of Father: If the father is poor and incapable of earning by his own labor, the mother is bound to maintain her children if she is in convenient circumstances.
- Incapacity of Parents: If both of the parents are poor, the obligation to maintain the children lies on the grandfather if he is in convenient circumstances.
Jurisdiction of Family Court:
- A wife can file a suit in the Family Court for her own maintenance
- A mother can file a suit in the Family Court for her children’s maintenance
- The poor parents can claim maintenance from their opulent children
- Both the poor maternal and paternal grandparents can claim maintenance from their grandchildren
Statutory Obligation of Father regarding Maintenance:
A father who has sufficient means can not neglect or refuse to maintain his legitimate or illegitimate children who are unable to maintain themselves. If he does, he will be compelled under the relevant laws to make a monthly allowance for their maintenance. It is mentionable that even the wife pronounces the divorce against her husband, she will get the divorce.
Legal Advice regarding Maintenance by CLP:
Whether you need assistance determining your right to go to the Family Court regarding maintenance or you need representation to ensure your legal rights are protected while you participate for suits regarding maintenance, the Barristers, Advocates, and lawyers at CLP, the law best Chamber are highly experienced to deal with such issues. In addition to handling various issues related to the said matter amongst domestic clients on a regular basis; it also has experience at consulting and assisting numerous international clients. For queries or legal assistance, please reach us at:
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.