"Evaluation of the Right to Maintenance of a Wife in the Legal System of Bangladesh: A Critical Analysis

Abstract

The right to maintenance is a cornerstone of economic security and social justice for women within the marital framework in Bangladesh. This right, originating from both religious doctrines and secular statutes, is intended to protect a wife from destitution and vagrancy during the subsistence of marriage and upon its dissolution. This thesis critically evaluates the efficacy of the legal framework governing a wife's right to maintenance in Bangladesh, analysing the chasm between jurisprudential ideals and practical realities. While the legal system provides distinct avenues for Muslim, Hindu, and Christian women to claim maintenance, this research contends that the framework is fraught with significant lacunae, procedural impediments, and enforcement deficits that undermine the substantive realisation of this right. For Muslim women, the most contentious issue remains the absence of a clear entitlement to post-divorce maintenance beyond the iddat period, a legal vacuum solidified by judicial conservatism. For Hindu and Christian women, the reliance on archaic, colonial-era legislation perpetuates systemic discrimination, starkly conflicting with constitutional guarantees of equality. Through a doctrinal and comparative analysis, drawing lessons from the legal trajectories of India and Pakistan, this paper identifies critical areas for reform. It argues that the current system is characterized by ambiguity in the determination of maintenance quantum, inordinate delays in adjudication, and formidable socio economic barriers that deter women from seeking justice. The research concludes that while broad reforms are needed, the primary impediment to justice is pervasive judicial conservatism that has cemented a discriminatory status quo. Without a fundamental shift in judicial philosophy towards a purposive, rights-based interpretation of personal law, the right to maintenance will remain an illusory promise for the women of Bangladesh.