by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Guardianship and child custody disputes are among the most emotionally charged legal matters. In Bangladesh, the law seeks to balance the rights of both parents while placing the welfare of the child at the centre of every decision. TRW — Tahmidur Rahman Remura Wahid Law Associates handles guardianship and custody cases with sensitivity, expertise, and a focus on the best interests of the child.
Legal Framework
Guardianship and custody in Bangladesh are governed by the Guardian and Wards Act 1890 and the personal laws of the parties. For Muslim families, Islamic law (as applied by Bangladesh courts) determines the right of custody (hizanat). Under Islamic law, the mother has the right of hizanat of young children — generally up to age 7 for boys and until puberty for girls. The father is the natural guardian. The welfare of the child is the paramount consideration in all custody decisions.
The Family Court has jurisdiction over guardianship and custody matters. The court can appoint a guardian, determine custody arrangements, and make orders for access and visitation.
Interim Custody Orders
In urgent cases, TRW applies for an interim custody order to prevent the removal of a child from the jurisdiction or to restore a child to the care of the rightful parent. Interim custody orders are granted on an ex parte basis in cases of extreme urgency. TRW prepares a comprehensive application for interim custody, supported by evidence of the child's welfare and the applicant's fitness as a parent.
International Child Abduction
If a child has been taken out of Bangladesh without the other parent's consent, TRW advises on the legal remedies available, including writ petitions before the High Court Division and applications under international conventions. TRW also advises on the legal consequences of removing a child from Bangladesh without court permission.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in guardianship and custody cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a father get custody of young children in Bangladesh?
A: Yes, if the mother is unfit or if it is in the child's best interests. The welfare of the child is the paramount consideration.
Q: Can a custody order be changed after it is made?
A: Yes. A custody order can be varied if there is a material change in circumstances.
Q: Can I take my child abroad without the other parent's consent?
A: No. Taking a child abroad without the other parent's consent or a court order may constitute contempt of court.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
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.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Dower (mahr) is a mandatory payment from the husband to the wife under Islamic law, specified in the marriage contract (nikah nama). It is the wife's absolute right and cannot be waived without her free consent. If the husband fails to pay the dower, the wife has a legal right to file a suit for recovery of dower before the Family Court. TRW — Tahmidur Rahman Remura Wahid Law Associates handles dower recovery cases with expertise in Islamic family law.
Legal Basis for Dower Recovery
Dower recovery is governed by the Family Courts Ordinance 1985 and the principles of Islamic law as applied by Bangladesh courts. The Family Court has exclusive jurisdiction over dower recovery suits. The wife is entitled to recover both the prompt dower (mu'ajjal) — payable on demand — and the deferred dower (mu'wajjal) — payable on dissolution of marriage or death of the husband.
The wife can refuse to cohabit with the husband until the prompt dower is paid. After divorce or the husband's death, the deferred dower becomes immediately payable. TRW advises on the type of dower specified in the nikah nama and the appropriate legal strategy for recovery.
The Dower Recovery Process
The dower recovery process involves the following steps. TRW files a suit for recovery of dower before the Family Court, supported by the nikah nama and other evidence of the marriage and the agreed dower amount. The court issues summons to the husband. TRW argues the case before the Family Court. The court passes a decree for recovery of the dower amount. TRW enforces the decree through execution proceedings if the husband fails to pay voluntarily.
Dower as a Defence to Divorce
In some cases, the wife's right to dower can be used as a defence in divorce proceedings. If the husband seeks to divorce the wife without paying the dower, the wife can raise the unpaid dower as a ground for resisting the divorce or for obtaining a better financial settlement. TRW advises on the strategic use of dower rights in divorce proceedings.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in family law and handles dower recovery cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I recover dower even after divorce?
A: Yes. The deferred dower is payable on dissolution of marriage, including divorce.
Q: What if the nikah nama does not specify the dower amount?
A: If the dower amount is not specified, the court will determine a proper dower (mahr al-mithl) based on the wife's social status and the dower of similar women in her family.
Q: Is dower taxable in Bangladesh?
A: No. Dower is not taxable income.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
Divorce is one of the most significant legal events in a person's life. In Bangladesh, the law on divorce varies depending on the religion of the parties. TRW — Tahmidur Rahman Remura Wahid Law Associates provides expert legal guidance on divorce for Muslim, Hindu, and Christian couples, with a focus on protecting the client's rights and the welfare of any children.
Divorce for Muslim Couples
For Muslim couples, divorce is governed by the Muslim Family Laws Ordinance 1961 (MFLO) and the Dissolution of Muslim Marriages Act 1939. A husband can pronounce talaq (divorce) by written notice to the Chairman of the Union Parishad/Pourashava. The divorce takes effect 90 days after the notice, during which period reconciliation can be attempted. A wife can seek khul (divorce by mutual consent) or judicial dissolution under the Dissolution of Muslim Marriages Act 1939 on grounds including cruelty, desertion, failure to maintain, and impotence.
Under the MFLO, a husband who pronounces talaq without giving notice to the Chairman commits an offence punishable by imprisonment and fine. TRW advises on the correct procedure for talaq and ensures compliance with the MFLO.
Divorce for Hindu Couples
For Hindu couples, divorce is not available under traditional Hindu law. However, the Hindu Marriage Registration Act 2012 allows registered Hindu marriages to be dissolved by mutual consent. TRW advises Hindu couples on the options available to them, including separation and the legal consequences of the breakdown of the marriage.
Divorce for Christian Couples
For Christian couples, divorce is governed by the Divorce Act 1869. A Christian can obtain a divorce on grounds including adultery, cruelty, and desertion. The divorce petition is filed before the District Court. TRW handles divorce cases for Christian couples with sensitivity and expertise.
Ancillary Matters: Maintenance, Custody and Dower
Divorce proceedings in Bangladesh often involve ancillary matters including maintenance, child custody, and dower recovery. TRW advises on all these matters and ensures that the client's rights are protected in all aspects of the divorce proceedings. See our guide on urgent family matters in Bangladesh.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub, senior associate at TRW Law Associates, specialises in family law and provides expert guidance on divorce proceedings. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How long does a divorce take in Bangladesh?
A: A mutual talaq takes 90 days. A contested judicial divorce can take 1-3 years.
Q: Can I get a divorce if my spouse refuses?
A: Yes. A wife can seek judicial dissolution under the Dissolution of Muslim Marriages Act 1939 without the husband's consent.
Q: What happens to the children after divorce?
A: The court determines custody based on the welfare of the child. TRW advises on custody arrangements.
by Tahmidur Remura Wahid | May 7, 2026 | Uncategorized
A declaration suit is a civil suit in which the plaintiff seeks a court declaration that they are the lawful owner of a property or that they have a specific legal right. A recovery of possession suit seeks to recover physical possession of property from a person who is in unlawful possession. These two types of suits are often filed together. TRW — Tahmidur Rahman Remura Wahid Law Associates handles declaration and possession recovery suits with expertise in title investigation and property law.
Legal Basis
Declaration suits are governed by the Specific Relief Act 1877 (Sections 42-44) and the CPC. Section 42 of the Specific Relief Act provides that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, their title to such character or right. Recovery of possession suits are governed by the CPC and the Specific Relief Act 1877 (Section 8, for recovery of specific immovable property).
The Limitation Act 1908 prescribes strict time limits for filing these suits. A suit for recovery of possession of immovable property must generally be filed within 12 years of dispossession. A suit for declaration of title must generally be filed within 6 years of the accrual of the right to sue. TRW calculates the applicable limitation period carefully in every case.
Evidence in Declaration and Possession Suits
The key evidence in a declaration and possession suit includes: title documents (deeds, khatians, mutation records); tax receipts; witness testimony; local inspection reports; and photographs. TRW conducts a thorough title investigation before filing the suit, identifying all available evidence and assessing the strength of the client's title. TRW also identifies and prepares witnesses for examination.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's property litigation team handle declaration and possession recovery suits across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I file a declaration suit without also claiming possession?
A: Yes. A declaration suit can be filed independently. However, if you also want possession, you must include a claim for recovery of possession.
Q: What is the difference between a title suit and a possession suit?
A: A title suit seeks a declaration of ownership. A possession suit seeks recovery of physical possession. The two are often filed together.
Q: Can I get an injunction to prevent the defendant from selling the property while the suit is pending?
A: Yes. TRW files a temporary injunction application simultaneously with the suit.
