Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)



Family Courts Ordinance, 1985
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 4

For realization of dower Family Court established under Section 4 of Family Court Ordinance, 1985 is the right forum:
Since the land in question is the portion of dower as paid or purportedly transferred in favour of the plaintiff by the father of her husband, this Court is of the view that the forum as chosen by the plaintiff to realize such dower was not the correct forum under the law of the land. As our country has special law, namely Family Court Ordinance, 1985, the provisions of which will have effect irrespective of any contrary provisions in any other law including the Registration Act, 1908 and the Transfer of Property Act, 1882, the plaintiff should have taken recourse to the provisions of the said special law and should have filed a suit for dower under the provisions of the said Ordinance before the Family Court established under Section 4 of the said Ordinance. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62
When plaintiff chooses wrong forum, he/she should be given a chance to withdraw the said suit even at the appellate stage to file the same before the right forum:
Since the plaintiff in the present case has chosen a wrong forum, namely filed a partition suit before a civil Court having territorial jurisdiction, we are of the view that the plaintiff should be given a chance to withdraw the said suit at this appellate stage to file the same before the Family Court, as established by the Family Court Ordinance, 1985, for seeking a decree of dower in respect of the said property. Since we have already held that the land in question can be treated as dower, we are of the view that the plaintiff should be allowed to withdraw the suit at this appellate stage with a permission to file the same before the correct forum, namely the Family Court established under the Family Court Ordinance, 1985. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62 ....View Full Judgment

Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr 16 SCOB [2022] HCD 62
Section 5 and

Section 10 of the Muslim Family Law Ordinance, 1961:
In this regard, we have examined the provisions of the Family Court Ordinance, 1985. It appears from the relevant provisions of the said Ordinance that the same is a special law by which a special Court, namely Family Court, has been established and that the provisions of the said law have been given overriding effect over any other law found to be inconsistent. As per Section 5 of the said Ordinance, the jurisdiction of the Family Court has been conferred relating to or arising out of all or any of the following matters, namely (a) dissolution of marriage (b) restitution of conjugal rights (c) dower (d) maintenance (e) guardianship and custody of children. Therefore, it appears that a wife is entitled to file a suit claiming a decree of dower before the Family Court established under the Family Court Ordinance, 1985. The term ‘dower’ has not been defined either by the Muslim Family Law Ordinance, 1961 or by the Family Court Ordinance, 1985. However, Section 10 of the Muslim Family Law Ordinance, 1961 provides that where no details about mode of payment of dower are specified in the nikahnama for the marriage contract, the entire amount of dower shall be presumed to be payable on demand. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62
Form of dower and who may undertake to pay the dower in Islamic law:
From the above opinion of the said islamic scholars, it appears that the landed property, being a valid property under Islam, may take the form of dower under Islamic principles, and anyone, including the father of the husband, may undertake to pay or transfer such dower. Therefore, it appears that the landed property in question was rightly taken to be a form of portion of dower to be transferred in favour of the plaintiff and that the father of the husband, namely defendant No.1, was allowed under the Islamic law to undertake or to transfer the said land in lieu of certain portion of the said dower money in favour of his daughter-in- law. …Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr, (Civil), 16 SCOB [2022] HCD 62 ....View Full Judgment

Sadrul Huq being dead his heirs & ors. Vs. Farhana Firdousi & anr 16 SCOB [2022] HCD 62
Section 9(6)

It appears that both the courts after proper consideration of the evidence on record rightly opined that since the petitioner himself received the summons so without filing any appeal against the experte judgment and decree he cannot get any relief. ...Md. Bazlur Rahman Vs Shamsun Nahar & ors., (Civil), 7 SCOB [2016] HCD 61 ....View Full Judgment

Md. Bazlur Rahman Vs Shamsun Nahar & ors. 7 SCOB [2016] HCD 61