Aleya Begum vs Lance Nayek Abul Kalam Azad
Reference :
Unreported case, CR No. 07/2014 filed in the Senior Judicial Magistrate Court No. 3 in Rangamati Hill Tracts District. The judgment was pronounced by Irin Parveen, Senior Judicial Magistrate, Rangamati, cited in Dr. Muhammad Ekramul Haque, Muslim Family Law: Sharia and Modern World, 1st edn, London College of Legal Studies (South) 2015.
Jurisdiction : Bangladesh
Complainant : Aleya Begum
Defendant : Lance Nayek Abul Kalam Azad
Facts :
Mrs. Aleya Begum, a widow, filed the case against her eldest son Abul Kalam Azad and his wife under sections 5(1) and 5(2)(a) of the Maintenance of Parents Act, 2013. She alleged that although the defendant was the most financially stable among her three sons due to his job at the Bangladesh Rifles (BDR), he had not given her any maintenance for the last 16/17 years. Additionally, he had not maintained any communication with her either. Aleya Begum also alleged that Azad’s wife had provoked him not to maintain his elderly mother. When Aleya Begum went to Azad’s house to ask for payment of regular maintenance, or at least, her medical expenses necessary for her old age, her son and daughter-in-law misbehaved with her and refused to pay her any maintenance.
Issues :
1. Were the eldest son and his wife liable for non-payment of maintenance of the complainant?
Decisions :
The court, after hearing the witnesses, held that Abul Kalam Azad and his wife had violated the provisions of sections 5(1) and 5(2)(a) of the Maintenance of the Parents Act, 2013 respectively, due to his failure to provide for his elderly mother and his wife’s provocation in this regard. The court convicted both offenders. Abul Kalam Azad was fined Taka 80,000, with a three-month prison sentence in default of payment and his wife was fined Taka 70,000, with a two-month prison sentence in default. The court ordered that Taka 20,000 (Taka 10,000 from each offender) be paid to the government fund, and the remaining fines be paid to the parents of the offenders.
Relevant Law :
- The Maintenance of the Parents Act, 2013
- Section : 5
Author :
1. Rezwan Rasheed
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