The law is the only rule approved by the state for disciplining and improving lives. If the life of the people is not regulated and directed by law, society will return to the primitive era. For this, the rule of law is essential for civil society. In the various categories of law, conventional family law has a special significance about the inheritance of property, foreign status, women’s rights, marital separation, maintenance of religious institutions. Many important cases are settled through family court.
What is Family Violence?
Physical, emotional, sexual abuse and financial harm to a family or family cannot be done. Here the family refers to any relationship established as blood or marital relationship or as a pastor or joint family member. Physical abuse means acting or behaving. Whereby a child or woman of a sick family member is exposed to violence by another family member. Losses on life, health, safety or any part of the body, and will include a serious person with criminal law or incitement or coercion.
AAnd mental torture is called oral torture, humiliation, intimidation or any such statement, by which the aggrieved person is mentally damaged. Interference on harassment or person’s interference to freedom, ie natural movement, communication or disclosure of personal desires or opinions, also implies mental torture. According to the law or custom of financial loss or by any court or competent authority, the aggrieved person is deprived of any financial privilege, which he deserves to be denied or prohibited from exercising his legal rights, Giving or marrying during marriage (Hindu law) or any other Any assets or received as a gift from the child or his or her legal rights of the victim Preventing or imposing its legitimate right over it.
When will you go to the family court?
Has there been a family dispute? What do you think cannot settle in any way. If you cannot resolve the dispute in any way, you can take refuge in the Family Court. Family Court has been established in the country to settle a family cases. But the family dispute does not necessarily mean all kinds of conflicts. In the family court, five family problems were settled mainly. Assistant Judge Court in each district is considered as a family court. In some areas, the Assistant Judge Court has been designated as a Family Court.
Family Court Ordinance, 1985
Family Court Ordinance, 1985 Ordinance related to the legal issue resolution of each member of the family. The Ordinance was issued in 1985. Laws related to family court judgments have been compiled in accordance with Islamic law, Hindu law, civil procedure, testimony law, guardian and law, Muslim divorce law, family law ordinance, etc. This law applies to all countries except Rangamati, Bandarban, Khagrachari and the districts of the Hill area. Under this law, all municipal courts of the country will be treated as family courts and Munsif will be the judge of this court. The Family Court basically executes the trial in five cases. These are divorce breaks, reconciliation of marital relations, dowry, maintenance, and guardianship.
The disputes that will be resolved in the family court
There is no need to go to court all the time for a divorce. In cases where the wife of Kabini Nama 18 cannot divorce her, only the wife can go to court. Apart from this, if the wife can agree to the divorce of ‘open’ or ‘mortar’, then it does not even need to go to court. Divorce (divorce) 307 of the Muslim act violates the marriage contract and divides the marriage agreement by divorce under section 308. Husband and wife can voluntarily refuse to marry the court without interference from the court and on the basis of a court shelter. When the divorce takes place in accordance with the wishes of the husband without the intervention of the court, then she says divorce.
The divorce may be oral or written in any type. If the oral sentence is pronounced explicitly in the sense of pronouns of the husband’s divorce and after completing formalities, the husband is divorced by the husband. The written document of oral divorce is Taluknama. Divorce occurs in the presence of a person or in the presence of the wife or the wife of another adult witness. In some cases, Muslim law has the ability to divorce; For example, (1) if the husband disappears for four years; (2) If the wife does not provide support for two years; (3) When a husband imprisoned for seven years or more; (4) husband’s impotence; (5) If the husband is infected with insane or infectious disease; (6) The cruel behavior of the wife; (7) After remarriage of wife without the wife’s consent, the wife can divorce her in court and divorce separately after getting the decree.
Recovery of Marital Rights:
Without a valid reason to restore a conjugal relationship, the husband can take suo-mater to leave his family and leave the marital relationship with the husband if the husband can file a lawsuit for returning the wife to the family court. However, this case can only be done in the case of marriages. It cannot be done when the marriage breaks or divorces. If there is any reason for the marriage to be disrupted and cannot be returned to the family, then the husband or wife can take refuge in the family court.
The biggest advantage of the Family Court is that there is a chance to settle disputes through negotiation between themselves. Once there is a chance before the trial begins and after the verdict of the verdict, there is a possibility of a compromise in the second phase. So, if you go to court on family matters, you should settle the issues between themselves. There are also opportunities to get court decree again.
The problem arising from the divorce, divorce, reconstruction of marital relations, dower, maintenance, guardianship, and the settlement of the cases was settled in the family court. In order to file a lawsuit in the family court, the Court of Arbitration court has to pay only 25 rupees.
Family court judge
The judge of the family court gave the verdict and decree itself. The decree of the family court cases or the order against the order can be appealed in the District Judge’s Court. But, in the matter of appeal which cannot be appealed, (a) divorce separation in relation to the divorce of the Muslim marriage separation mentioned in section 2 (8) of 1939; (B) Appeal is required to be filed within 30 days of the order of decree or order for the Moharana not exceeding 5000 taka. Under the Act, the High Court Division can move the case to any court for the convenience of prosecution of the case. In particular, the Munsif Court is given the rank of District Judge Court.
The provisions of this Ordinance shall be preceded by other laws related to it; However, no personal law or religious law will affect it. This law will be applicable to those religions which are recognized as divorced in the religion. Judgment will be given and verdict in each court according to the rules of every religion.
Moharana or danmohara determination in Moharana’s marriage is the duty of duty according to Muslim law. Kabiniamaya danmohara amount is mentioned. Darnohar will be determined by the nature of the bride and the quality of social status. There is no limit on how much the danmohar amount is, but the lowest 10 is not below dirham. Whatever the debt is determined, the husband must pay it. Husband’s debt to his wife in all cases of darhamohara.
In the demand of Dannohar, the widow can take possession of the property of her dead husband until her dower is repaid. The wife cannot be sued for her husband. The date for immediate maharana is to be claimed and rejected, within three years from the date of it, and for the Moharana, the case will be filed within three years from the date of separation.
Bharojoshana (Nafafa) is called ‘Nafafa’ by the definition of Islamic law. Food, clothing, and shelter under Naffea. For three reasons, the responsibility of the Naffeah is dropped. The first reason is marriage, the second reason is the inclination and inheritance of the third property. As long as the son is not an adult and the daughter is not married, the father is obliged to support the children. Father’s responsibility for the widow and divorced daughters. If the father is disabled and poor, the mother will support the child. If the parents are unable to do so, the responsibility falls on the grandfather.
The first and the main beneficiary of the maintenance is the wife. The wife is entitled to support her husband. The husband forced to support his wife whether or not the husband is in harmony. Although the wife is rich and wealthy, the right to fill is not abated. After the divorce, after three months of ‘Italian’, the husband is obliged to support his wife. Hindu and Christian laws are called for maintenance. If the husband does not want to give support to his wife, then the family will have to file suit in the family court within three years from the date the wife demands her support.
In the normal course of guardianship, the father and the child’s property and the legal guardian’s property. In the absence of the father, this responsibility falls on the mother. The parent can be the closest relative of the parent of the parent of the parent’s absence or helplessness. Even if necessary, the government may also appoint the minor’s body and property guardian. However, in the absence of the father, the protection of the minor’s body and property came directly to the government.
Until the issue of Family Court Ordinance 1985, the District Judge’s minor and property guard was appointed. At present, this responsibility has been entrusted to the Assistant Judge of the Family Court concerned. In order to be appointed as the guardian of a minor or to the property of both, the court has to apply in accordance with the Gregorian and Wards Act of 1890. However, according to Islamic law, a person entitled to guardianship of a minor can work as a guardian before receiving the court order. If there is any dispute with the child’s guardianship and custody, can cases in family court.
How to take shelter
The case should be filed in the court where both parties have lived or last lived and the problem arose within the local limits of the Family Court. But, in the case of divorce, dowry, and maintenance, the woman can settle the matter in the area where she lives. Regardless of the amount of dower or maintenance, the case can be filed. An experienced lawyer who practices law in the family court must apply in court. To take shelter in the family court does not require much court fees. In addition, various governmental and non-government organizations that work on family matters will also be cases in court. Appeals against the decree of the Family Court cannot be appealed against the divorce decree. Besides, an appeal against the declaration of fewer than five thousand dowries will not be possible.
Within 30 days of receiving an application, the court will order the plaintiff and defendant to appear. The court can arrange for trial in closed-door rooms if necessary. There are opportunities to negotiate a compromise.
Family Violence Act: Helpful to prevent women from oppression
We constantly worry about the events that we see in violence against women. In the family, in society, in the age, in many ways on women, various strategies or direct and indirect torture-violence is occurring. It is a terrible form of sexual abuse. Women are constantly being sexually abused at home, outside, in the workplace, at school or in the educational institutions.
The tendency of women to be afraid of sexually abusing or sexually abusing women is also noticed in our current society. With the negative impact of many women, life becomes miserable. As a result, the normal development of women is obstructed.
Family violence is not just our country, it is also an international problem. Family violence is the responsibility of any member of the family to act unjustly on the other person. In the second chapter of the Family Violence (Prevention and Protection) Act, it has been said, “For the purpose of this act, family violence refers to physical abuse, mental torture, sexual assault or financial loss on any other woman or child member of the family by family relations.
“Under this, the aggrieved person may go to the law-courts. Under this law, if the court is satisfied that family violence is likely to occur or occur, giving an opportunity to hear the victim and the opposition, the court may issue a protection order against the victim.
Thus, under the law, the court may order the order, compensation order, safe custody order, the duration of the order and amendment. There is also the scope of the trial proceedings in this law.
Extremely violence against women:
Women are her heirs or just heirs of her husband’s property. It was found that due to any wrongdoing or for any reasonable reason or for any legal problem or any third party’s plot, it is delayed or not able to receive its due. In that case, there is a civil court for its fair resolution and there is a fair solution for the land.
In Bangladesh, the laws and regulations regarding violence against women are covered under the penal code. The women and Child Repression Prevention Act 2000 was made in 2000. Under Article 34 of the Women and Children Repression Prevention Act of 2000, “Women and Child Repression (Special Provisions) Act, 1995” was abolished. After the formation of the “Women and Child Repression Prevention (Amendment) Act, 2003″ in 2003, the title of the 2000 law changed. Under the changed law, the law of 2000 was amended by amending 10 sections.
To prevent violence, sexual violence, and any crime in society, every person, family, and every person in the society will have to protest from their respective positions. The victim will have to take refuge in the court of law. I need to raise awareness about this in the family, social rituals, educational institutions. In our society, women are still trying to take the wrong way or wrong forum or falsehood to the police station or to the court. This wrong ride does not get the right justice. This may be due to his brother or husband or father or third party or vested quarter. It is also considered to be extreme violence on women. Violence also needs to be ensured by-law under this law. Family court cases