Supreme Court Judgments, Summarised

by Barrister Tahmidur Rahman | Nov 3, 2026

Summary

The wife sued her husband in the Family Court, Badargonj for unpaid dower and maintenance. The husband denied the claim, saying that he had divorced her on 31.05.2023 and that the dower figure in the Kabinnama had been overwritten. The Family Court decreed the suit in part for Tk. 5,33,900 as dower and maintenance. On the husband's appeal, the District Judge, Rangpur allowed the appeal in part, decreeing Tk. 3,98,000 as dower and maintenance of Tk. 2,500 per month from 01.09.2022 to 31.08.2023. The husband obtained a Rule in revision but was unrepresented at the hearing. The High Court Division found that the divorce had taken place, as the husband's own cross-examination asserted, and that the dower column of the Nikahnama showed no tampering or overwriting. The wife was therefore entitled to the unpaid balance of dower, Tk. 3,98,000, but to maintenance only for the three-month iddat period, Tk. 7,500. The decrees below were modified and the husband was directed to pay Tk. 4,05,500 within 30 days.

Issues

  1. Whether the wife was entitled to the unpaid balance of the dower fixed in the Nikahnama after the husband had divorced her.
  2. For what period the divorced wife was entitled to maintenance.
Key points

  • The divorce was established because the husband's cross-examination of the wife affirmed that he had divorced her on 31.05.2023, and he examined no witness in support of his defence.
  • There was no tampering or overwriting in the dower column of the Nikahnama, which fixed dower at Tk. 4,00,101, of which Tk. 2,101 was paid at the time of marriage.
  • Since the divorce had taken place, the wife was entitled to the remaining full amount of dower, Tk. 3,98,000.
  • A wife is entitled to maintenance for three months during the iddat period after divorce, so maintenance was limited to Tk. 2,500 per month for three months, Tk. 7,500.
  • The decrees of both courts below were modified to a total of Tk. 4,05,500, payable within 30 days, failing which the trial court is to take steps in accordance with law.

The wife is entitled to get maintenance for 03(three) months during the iddat period after divorce. Therefore, the plaintiff is only entitled to Tk. 2,500 per month during the iddat period for 03 (three) months, total Tk. 7,500.

From the judgment, Justice Md. Shohrowardi
Law considered

Code of Civil Procedure, 1908, section 115(1)

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