According to family law in Bangladesh, the Muslim Family Law Ordinance, 1961 plays a significant role in safeguarding the rights of Muslim women. Dower and maintenance are fundamental rights that can be enforced through the family court with proper legal representation.
Understanding Dower (Mahr) in Bangladesh
Dower is a personal right of a woman that is entitled to her in marriage under Islam as well as enacted by Muslim Family Laws in Bangladesh.
Religious Foundation
Islamic Sources:
- Surah al-Nisā, 4:4 and 4:24 of the Holy al-Qur’an clearly mention the importance of dower
- Prophet Muhammad (sm) stated in Sunnah that Mahr or dower is a right of the woman which must be given by the man
- Dower is a mandatory obligation in Islamic marriage
Legal Provisions
Section 10 of Muslim Family Law Ordinance, 1961:
- If payment mode of dower is not written in details in the Nikahnama (marriage contract), the entire dower will be determined to be payable on demand
- The right of the wife to dower or any part of it as due under Muslim law shall not be affected in any way
- Dower is enforceable under Bangladesh family law
Nature of Dower
Marriage is a valid contract where:
- Dower is a mandatory debt upon the husband
- The husband is bound to give it to his wife
- It is a fundamental right of the wife
- Must be paid during marriage or at any time demanded
When is Dower Payable?
Dower becomes payable:
- On demand by the wife during marriage
- At the time of divorce (whether initiated by husband or wife)
- Upon death of husband (to wife’s legal heirs)
- Upon death of wife (to her legal heirs)
Important: If the wife divorces herself (khula), she is still entitled to receive her dower.
Rights of Legal Heirs
If the wife dies:
- Her legal heirs are entitled to receive the unpaid dower
- Heirs can file a suit in family court to recover dower
- Dower becomes part of wife’s estate
- Husband must pay to her inheritors
Maintenance Rights in Bangladesh
Maintenance refers to the husband’s obligation to provide for his wife’s basic needs during and after marriage.
Islamic Obligation
According to Islamic law, the husband is entitled to bear the responsibility of:
- Food and nutrition
- Clothing and necessities
- Medical treatment and healthcare
- Shelter and accommodation
Legal Right to Maintenance
During Marriage:
- Wife has right to maintenance throughout the marriage
- Husband must provide according to his means
- Standard of living should be reasonable
- Cannot be denied even in case of disputes
After Divorce:
- Wife entitled to maintenance during Iddat period (waiting period)
- Duration: 3 menstrual cycles or until childbirth if pregnant
- Post-iddat maintenance may be claimed in certain circumstances
- Court determines amount based on circumstances
When Maintenance Can Be Claimed
Wife can file suit if husband:
- Fails to provide food, clothing, shelter
- Refuses medical treatment expenses
- Provides inadequate maintenance
- Abandons wife without support
- Denies basic necessities
Legal Framework for Dower and Maintenance
For Muslims
1. Muslim Family Law Ordinance, 1961
Section 9 – Maintenance:
- If a husband fails to provide maintenance to his wife or wives
- Wife can apply to the Chairman (Union Parishad) for maintenance
- This is in addition to remedies available in family court
- Quick local resolution mechanism available
Section 10 – Dower:
- Regulates payment of dower
- Protects wife’s rights to demand payment
- Ensures enforceability of dower agreements
2. Muslim Personal Law (Shariat) Application Act, 1937
Section 2 states that all matters related to:
- Marriage
- Dower
- Divorce
- Maintenance
Shall be governed by Muslim Personal Law (Shariah).
Official Resources:
For Other Religions
Hindus, Buddhists, Christians, etc.:
- Can file suit in family court for maintenance
- Governed by respective personal laws
- Court determines maintenance based on:
- Husband’s income and means
- Wife’s needs and circumstances
- Standard of living during marriage
- Health and age considerations
Relevant Laws:
- Hindu Marriage Act
- Christian Marriage Act
- General family court jurisdiction
How to File a Suit for Dower and Maintenance
Jurisdiction
Where to File:
- The wife will file the suit in the learned family court
- Under the jurisdiction of the area where she lives
- Or where the marriage was solemnized
- Or where the husband resides
Family Court Locations:
- Available in every district of Bangladesh
- Presided by Family Court Judges
- Specialized in matrimonial matters
Step-by-Step Process
Step 1: Sending Legal Notice
First Requirement:
- A legal notice must be sent to the husband
- Demanding dower and maintenance
- Requesting amicable settlement
- Give reasonable time to respond (usually 7-15 days)
Notice Should Include:
- Amount of dower (as per Nikahnama)
- Monthly maintenance amount claimed
- Legal grounds for claim
- Deadline for payment
- Warning of legal action
Legal Notice Drafting: Advocacy Legal provides expert legal notice drafting services by experienced family law attorneys.
Step 2: File a Suit in Family Court
If matter not resolved after notice:
Required Documents:
- Original Nikahnama (marriage certificate)
- Copy of legal notice sent
- Proof of delivery of notice
- Identity documents (NID, birth certificate)
- Evidence of husband’s income/assets
- Witnesses (if available)
- Marriage photographs
Suit Preparation:
- Draft written statement (plaint)
- Specify amount of dower
- Claim monthly maintenance amount
- Include all supporting facts
- Attach documentary evidence
Court Fees:
- Court fee based on claimed amount
- Generally affordable for maintenance suits
- Legal aid available for indigent women
Step 3: Presentation of Evidence
During Trial:
Wife Must Present:
- Proof of dower agreement
- Nikahnama showing agreed dower amount
- Witness testimony from marriage
- Any written agreement
- Husband’s financial status
- Income documents (salary slips, business records)
- Property ownership details
- Bank statements (if available)
- Lifestyle indicators
- Wife’s needs
- Living expenses breakdown
- Medical expenses (if any)
- Children’s expenses
- Reasonable maintenance amount
Witness Examination:
- Family members who attended marriage
- Neighbors or community members
- Anyone with knowledge of facts
Cross-Examination:
- Husband’s lawyer will cross-examine
- Be prepared with clear answers
- Maintain consistency in testimony
Step 4: Court Judgment
After Evidence:
- Judge will examine all evidence
- Consider both parties’ arguments
- Apply relevant laws
- Issue written judgment
Court Orders:
- Dower: Full amount as per Nikahnama or proven agreement
- Maintenance: Monthly amount based on needs and husband’s capacity
- Enforcement: Execution proceedings if not paid voluntarily
- Timeline: Specify payment deadlines
Enforcement Mechanisms:
- Attachment of salary
- Seizure of property
- Contempt proceedings
- Arrest warrant (in extreme cases)
Legal Assistance by Advocacy Legal
Why Choose Advocacy Legal for Family Law Matters?
Advocacy Legal, recognized among top lawyers in Bangladesh, provides comprehensive family law services:
Our Family Law Services:
- Dower recovery suits
- Maintenance claims
- Alimony cases
- Divorce proceedings
- Child custody matters
- Khula (wife-initiated divorce)
- Talaq disputes
- Inheritance and succession
- High Court family law appeals
Led by Advocate Md. Noushad Parvez:
- Expert in Muslim family law
- 100+ family court cases handled
- High success rate in dower and maintenance suits
- Compassionate and client-focused approach
Our Process:
- Free Consultation – Understand your case
- Legal Notice – Professional notice drafting
- Case Filing – Complete documentation
- Court Representation – Experienced advocacy
- Follow-up – Ensure judgment execution
Contact Us:
Phone: +88 02 41090957 (For appointment)
Email: info@advocacylegalbd.com
Website: www.advocacylegalbd.com
Office: Address: 3rd Floor, House-37, Road-7, Sector-3, Uttara, Dhaka-1230, Bangladesh.
Frequently Asked Questions
1. What is dower (mahr) in Bangladesh?
Dower is a mandatory payment from husband to wife as part of Islamic marriage contract. It is the wife’s exclusive property and fundamental right under Muslim law and Muslim Family Law Ordinance, 1961.
Types:
- Prompt dower: Payable immediately on demand
- Deferred dower: Payable on divorce or death
2. Can I claim dower after divorce?
Yes, absolutely. You are entitled to claim:
- Full unpaid dower amount
- Whether you divorced husband or he divorced you
- Even if you initiated khula
- Dower right is not forfeited by divorce
Contact Advocacy Legal to file dower recovery suit.
3. How much maintenance can I claim?
Maintenance amount depends on:
- Husband’s income and financial capacity
- Your reasonable needs (food, clothing, shelter, medical)
- Standard of living during marriage
- Number and needs of children
- Local cost of living
Typical Range: BDT 5,000 – 50,000+ per month (varies widely)
4. How long does a dower suit take?
Timeline:
- Legal notice: 7-15 days
- Filing suit: 1-2 weeks
- First hearing: 2-4 weeks after filing
- Complete trial: 6-18 months (varies by court)
- Judgment: After trial completion
Fast-track possible with experienced lawyer like Advocacy Legal.
5. What if my husband has no income?
Court will consider:
- Husband’s capacity to earn (not just current income)
- His education, skills, employment potential
- Any assets or property owned
- Family support or business
- Maintenance obligation remains regardless
Court may order reasonable amount based on potential earning capacity.
6. Can I claim past unpaid maintenance?
Yes, you can claim:
- Arrears of maintenance for past period
- Usually up to 3 years prior to filing suit
- Court may award lump sum for past period
- Plus ongoing monthly maintenance
7. What documents do I need?
Essential Documents:
- Original Nikahnama (marriage certificate)
- National ID card
- Husband’s income proof (if available)
- Marriage photographs
- Witness contact information
Optional but Helpful:
- Bank statements
- Property documents
- Medical bills
- Children’s school records
8. Can Hindus and Christians claim maintenance?
Yes, maintenance rights exist for all religions:
- File in family court
- Governed by respective personal laws
- Court determines based on needs and means
- Process similar to Muslim law cases
Advocacy Legal handles cases of all religions.
Conclusion
Dower and maintenance are fundamental rights of women in Bangladesh, protected by law and enforceable through family courts. Whether Muslim, Hindu, Buddhist, or Christian – every wife has the right to financial support from her husband.
Key Takeaways:
- Dower is a mandatory debt, not optional
- Maintenance is husband’s Islamic and legal obligation
- Rights enforceable even after divorce
- Family court provides accessible justice
- Legal heirs can claim unpaid dower
- Professional legal help increases success
Don’t Suffer in Silence:
If your husband has denied dower or fails to provide maintenance, take legal action to establish your rights.
Take Action Today
Contact Advocacy Legal for expert assistance with dower and maintenance claims.
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