Maintenance is the legal obligation of a husband to provide financial support to his wife and children. In Bangladesh, maintenance is enforced through the Family Court, which has exclusive jurisdiction over maintenance cases. TRW — Tahmidur Rahman Remura Wahid Law Associates handles maintenance cases efficiently, ensuring that wives and children receive the financial support they are legally entitled to.
Legal Basis for Maintenance
Maintenance in Bangladesh is governed by the Family Courts Ordinance 1985, the Muslim Family Laws Ordinance 1961, and the principles of Islamic law. A wife is entitled to maintenance from her husband during the marriage and during the iddat period after divorce. Children are entitled to maintenance from their father until they reach adulthood (or until daughters are married). The amount of maintenance is determined by the Family Court based on the husband's income and the wife's and children's needs.
Under Section 9 of the MFLO, a wife can apply to the Chairman of the Union Parishad/Pourashava for maintenance if the husband fails to maintain her. The Chairman can award maintenance up to a prescribed amount. For larger amounts, the wife must file a suit before the Family Court.
Interim Maintenance
TRW applies for interim maintenance (maintenance pendente lite) at the beginning of the maintenance suit. Interim maintenance is awarded by the court to provide immediate financial relief to the wife and children while the suit is pending. The court determines the amount of interim maintenance based on the husband's apparent income and the wife's and children's immediate needs. TRW prepares a detailed application for interim maintenance, supported by evidence of the husband's income and the family's expenses.
Enforcement of Maintenance Decrees
If the husband fails to pay maintenance as ordered by the court, TRW files an execution case to enforce the maintenance decree. The court can order attachment of the husband's salary, bank accounts, or property. In serious cases of non-payment, the court can order the husband's arrest and detention. TRW monitors maintenance payments and acts immediately if the husband defaults.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in maintenance cases and provides expert legal support to wives and children. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a wife claim maintenance even if she is working?
A: Yes. A wife's income does not extinguish her right to maintenance, but the court may take it into account in determining the amount.
Q: Can children claim maintenance from a father who has remarried?
A: Yes. A father's obligation to maintain his children is not affected by his remarriage.
Q: What is the maximum maintenance a court can award?
A: There is no fixed maximum. The court determines maintenance based on the husband's income and the family's needs.
