Atiqul Haque Chowdhury Vs.

Shahana Rahim (Case Summary)

47 DLR (1995), 301
❖ Plaintiff no.1- Shahana Rahim
❖ Plaintiff no.2- the new borned baby
❖ Defendant- Atiqul Haque Chowdhury
Here the plaintiff no. 1 married with the Defendant on 1st October of 1982. They
registered the marriage under the marriage registration at 1974 at the same date.
After few months Plaintiff no. 1 got pregnant. Unfortunately the defendant
had extramarital affairs then and tortured the Plaintiff no.1. Plaintiff no.1 then
move to his paternal home. After two years of their marriage Plaintiff no. 1
file a divorce petition against the defendant claiming the dower and
necessary maintenance for the Plaintiff no. two. The defendant denied to pay
the dower as he paid the dower before and accepted the maintenance of the
child to 200 taka per month. In the family court the judge Asked The
defendant to pay the due half dower to the plaintiff no. 1 & set the
maintenance of the newborn child to 500 taka per month untill the next
marriage of the Plaintiff no. 1. In the further appeal by the defendant the
district judge commended to the defendant to pay the full dower and the
maintenance of the newborn child to 500 per month until he or she achieves
puberty. The high court then held that according to the limitation at the claiming
of dower is valid until the expiration of six years of talaq e-tafweez (divorce by
wife). So at the end of the day the defendant lose the suit and held obligated
to provide the unsettled dower and maintenance of his newborn baby.