弁護士の回答
Equity Law House
Wa Alaikum Assalam,
Thank you for reaching out and sharing your situation. We deeply empathize with the difficulties you have faced regarding the domestic abuse and the subsequent breakdown of your marriage. Please be assured that under Bangladeshi law, your rights to Mahr (Dower) are absolute and constitute a debt that your ex-husband is legally bound to pay.
To answer your primary question: Yes, we can handle this case remotely.
We frequently represent Non-Resident Bangladeshis (NRBs) in the UK who cannot travel to Bangladesh for litigation. Below is the legal roadmap for how we can proceed with your Mahr recovery case:
1. Remote Representation Strategy
You do not need to be physically present in Bangladesh to initiate legal proceedings. The process involves two key steps:
Legal Notice: We can immediately draft and serve a Legal Notice demanding the payment of the Mahr within a specific timeframe (usually 15 to 30 days). This is often enough to compel payment without going to court.
Power of Attorney: If he fails to pay after the notice, we will file a suit in the Family Court. For this, you will need to execute a Special Power of Attorney authorizing a trusted relative in Bangladesh (or a legal representative) to sign the plaint on your behalf. This document must be attested by the Bangladesh High Commission in the UK and subsequently by the Ministry of Foreign Affairs in Bangladesh. We can guide you through this drafting process.
2. Relevance of UK Court Documents
Your medical records and the UK domestic violence charges are highly relevant. While Mahr is a mandatory debt regardless of the cause of divorce, these documents serve as strong evidence to:
Substantiate your reasons for divorce (if he contests the validity of the dissolution).
Defend against any potential false counter-suits (such as restitution of conjugal rights) he might attempt to file.
3. Required Documents to Begin
To issue the Legal Notice and prepare the case, we will need scanned copies of the following:
Nikah Nama (Kabinnama): The registered marriage contract showing the amount of Mahr.
Divorce Documents: Notice of Talaq or Decree Absolute (from the UK Court).
Evidence of Abuse: The UK court orders or police reports regarding the domestic violence charges.
Identification: Your Passport and NID (if available).
4. Professional Fees
Our fee structure is transparent. We generally charge a fixed retainer for the Legal Notice and a separate fee structure for the litigation phase (Family Suit), which can be discussed based on the contested amount and complexity.
Next Steps: We strongly advise sending the Legal Notice immediately to prevent him from alienating any assets in Bangladesh. Please contact our office directly to schedule a brief virtual consultation to review your Kabinnama and finalize the strategy.
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