want to know that if I want to divorce my husband or if my husband
sends divorce letter, in that case, where will my daughter stay?
My daughter is five months old.
Thank you for your query. I assume that you are conversant with
the procedure of divorce. Who ever may initiate the divorce
considering the age of the child, it is almost certain that you
will have the custody of the child. The mother has the right to
claim custody of the child until the child reach the age of 9
years. However, I should warn you that you should not allow the
father to have custody of the child at any stage. Once the child
is in custody of the father it would be difficult to have the
child back because of slow progress of custody cases. As a
precautionary measure you could file a suit in the family court
seeking declaration that the child should remain in your custody
until she/he attains the age of majority.
In this respect you can contact Dr. Faustina Parrera, Ain O
Shalish Kendro, Phone 8315851.
her that you have been referred by Barrister Tanjib-ul Alam.
I am a government employee. I love a young man who is my colleague.
But my brother-in-law can't tolerate our love as I have some assets
which I inherited from my father. In the meantime, my corrupted
brother-in-law made a falls bridegroom between his unemployed
& illiterate brother and me by pressuring on me without my opinion.
Now, he always threatening me that he will kill me & they are
physically torturing me.
lawyer, please help me & tell me how can I get my love &
make my conjugal life with my young man colleague. Looking forward
to hearing from you soon. With
If I understand your query correctly, it appears that being an
adult there is no legal bar in you getting married with the person
of your choice.
With regard to pressure from your family, I would suggest you to
act carefully. You should try to bring your family on your side
You wrote that your "brother-in-law" arranged a
bridegroom from among his colleague. Do you mean that you already
got married, albeit against your will, with the person? If that is
the case then in order to get married to your "young colleague"
you will have to get divorced first. Assuming that Kabin nama
(clause 18) gives you power to divorce, you can send a Divorce
Notice to the Chairman, Law and Shalish Department, Dhaka City
Corporation, Nagar Bhaban, Gulistan, Dhaka. A copy of the divorce
notice should be sent to the husband. After expiry of 90 days you
would get divorced automatically. If the kabin nama does not allow
the wife to divorce the wife, one has to file a suit before the
family court seeking judicial separation.
Assuming that you have not got married with the person chosen by
your brother-in-law, you can certainly get married with your
"young colleague". With regard to physical torture you
are advised to lodge an FIR in the relevant Police Station where
I trust this will suffice for your present purposes. Please do not
hesitate to contact us should you need further advice.
appreciate your taking the time to answer my question and for
providing this service. I am moving out of my current residence
and my landlord is threatening to take me to court over the
An entire set of dishes. I accidentally broke a plate in a
set of dishes that my landlord asked me not to use. I had
forgotten her request, which came half-way through my two-year
stay in her townhouse. Am I legally responsible for paying for the
entire set of dishes or just reimbursing her for the plate that I broke?
A dining room chair. According to my landlord, a guest of mine
left a small stain on one of her cloth covered dining room
chairs. This occurred nine months ago, and she didn't say
anything to me about it until two days ago. I never noticed the
stain. Am I legally responsible for the cost of the chair when
this wasn't pointed out to me earlier, and--I believe--there is no
way to prove my guest caused the stain.
A wine-bottle opener. She claims that a guest of mine stole
her wine-bottle opener. She didn't see it, but noticed it
was missing the day after the guest was in the house. Again,
she made no mention of this event until nine months later.
Am I legally responsible? So you know, B and C occurred during a
book club party I had with people from work. These are
professionals in the publishing field. No one had more than
two drinks. Thing s were not out of control, and I can't
imagine one of my coworkers risking his/her professional
reputation over a wine bottle opener. I would appreciate your
response as soon as possible. Thank you so much for your time.
Thank you for your questions. I shall try to answer your queries
At the outset I must tell you that your landlady may not have
meant to say that she would really file a suit. This may be a
simple threat to compel you to pay her for the alleged claims. If
she wants to bring the suit, she would have to bring it by way of
filing a money suit before the District Court. She would need to
pay court fee, lawyers fee etc. and there is no guarantee that she
would be able to recover her damages within very short
A. With regard to compensation for breaking a plate which is part
of a dish set, whether you need to replace the whole set or just
pay for the price of the broken plate would depend on the
condition of the contract (if there is any written contract at
all). From your query it is not clear in what form you were
"warned" by your landlady.
Since you are responsible for breaking the plate, you would be
required to replace the whole set if you were "warned"
about the consequence of such damage, in the absence of such
specific warning there is a strong ground to argue that your
responsibility is only to indemnify her for the plate only,
because she is under a duty to mitigate her loss.
Should you be held responsible for the whole dish set, you would
be able to claim that dish set from which a plate was broken.
B. Advice on damage to the chair. You stated that the stain was on
the cloth which was covering the chair. If that is so then you may
be responsible for such "damage" provided that she can
prove that the damage was caused at a time when the subject matter
of the damage was in your "control". She would need to
establish that there was no stain at the time you took delivery of
the chair. Laps of nine months is not a defense unless she has
waived her right to claim damage. It is not clear from your
question whether there has been any waiver on her part.
C. Advice on Wine bottle opener Assuming that your landlady would
be able to establish that the wine bottle opener was at all handed
over to you when you took possession of the house, you would be
responsible for loss of the wine bottle opener. The fact that you
do not know who has stolen it and you do not believe that your collogue
may do it, would not be a defense inasmuch as the wine bottle
opener was stolen at a time when you were in occupation and
control of the house. Therefore you would be liable.
N.B. The above advice is given on the assumption that Bangladesh
laws are the applicable law.
Have been separated from my husband for more 8 months , where do I
stand in respect of divorce. Also what will happen to the land
promised me in light of a separation?
relating to divorce varies from country to country. Assuming that
the applicable law is Bangladesh law, rights of separated spouse
would depend on the religion of the spouse. Assuming further that
you are a Muslim, your right to divorce would depend on the terms
of the marriage contract. However, during the period of separation
you are entitled to "maintenance". You can also claim
dower money whichever amount is outstanding.
With regard to the entitlement to the house, you can claim the
house if you can show that there has been a 'gift' in your favor.
It is not clear whether the gift was unconditional or contingent.
your entitlement to the house would depend on the nature of the
promise. I would be able to give more specific advice if you give
me more details.
am a human resource assistant for a very large company. The
company is very big on "good citizenship" and has
encouraged staff to seek out volunteer opportunities. It is a
great idea to present these opportunities and the causes are
admirable. However, for many people outside commitments are
too demanding. These people feel that excelling at their job
for 8 hours a day and not participating in the volunteer
opportunities should not have a negative affect on their
performance and may be discriminatory.
do I say to them? Thank you.
the idea of encouraging the employees to "good
citizenship" and volunteer activities may create a very
positive image regarding the corporation, the fact remains that it
is indeed an optional matter for the employees. Therefore, each
employee should have the option to keep themselves away from the
activities which the Company may wish them to participate in. Any
discrimination on account of "non-participation" would certainly
be in violation of the Constitutional rights of the employee. Once
the Company starts insisting on participation of its employees in
"voluntary activities" the affairs does not remain
"voluntary" anymore. It become part of their job which
may not be desirable.
In order to avoid an allegation of discrimination as a responsible
officer of the Company you should make it clear to the employee
that the Company does not intend to discriminate on the ground of
their volunteer activities (unless the Company management decides
it possible to change one's birth date legally? If so, how
does one go about it?
to the query would depend whether one is trying to rectify any error
or not. One's birthday can not be changed as such for once a
person is born there is no way that such date could be changed.
Even if a different date is described as "birth day" the
fact remains that that person was born on the date different from
what is on record.
However, if someone mistakenly put his wrong birthday such error
can be rectified by an affidavit before the Notary Public or the
First Class Magistrate. In appropriate cases an advertisement may
be needed to formalize the matter.