| dc.description.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. | en_US |
