| dc.description.abstract | The right to maintenance stands as a cornerstone of family law, designed to ensure the economic
security and welfare of individuals who are unable to support themselves, particularly women,
children, and elderly dependents. In the context of Bangladesh, this right is embedded within a
complex and pluralistic legal framework that encompasses a combination of religious personal
laws (Islamic, Hindu, and Christian), statutory enactments such as the Family Courts Ordinance,
1985, and procedural safeguards like Section 125 of the Code of Criminal Procedure (CrPC).
Additionally, the right to maintenance intersects with broader constitutional guarantees of
equality and social justice. Despite this layered legal structure, the practical realization of
maintenance rights remains inconsistent and frequently inadequate, leaving many vulnerable
populations without meaningful recourse.
This thesis undertakes a comprehensive doctrinal and analytical study of the legal framework
governing maintenance rights in Bangladesh. It delves into the substantive legal provisions,
judicial precedents, and institutional mechanisms that define and regulate maintenance,
identifying key structural and procedural shortcomings. These include legal fragmentation,
gender-biased interpretations rooted in patriarchal norms, enforcement weaknesses, procedural
delays, and insufficient access to legal aid and representation.
To provide a broader evaluative lens, the study incorporates comparative perspectives from
jurisdictions such as India, Pakistan, and the United Kingdom. This comparative analysis
highlights best practices and reformative measures that could be adapted within the Bangladeshi
context, including the provision of interim maintenance during litigation, the codification of
maintenance rights for all religious communities under a uniform legal standard, and the
implementation of automated and simplified enforcement procedures.
The thesis also assesses judicial trends in Bangladesh, noting a dichotomy between conservative
deference to religious personal law and a more progressive, secular approach that invokes
statutory and constitutional provisions. However, in practice, patriarchal interpretations and
institutional inefficiencies often dilute the effectiveness of these progressive rulings, leaving
claimants without timely or sufficient relief. Furthermore, the study critiques the failure of
existing laws to fully harmonize with Bangladesh‟s constitutional promises of equality and
justice, as well as its international obligations under instruments such as the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW).
In conclusion, the thesis offers a set of targeted and actionable policy recommendations aimed at
reforming the maintenance regime in Bangladesh. These include the formulation of a uniform
family code applicable across religious divides, statutory amendments to enhance clarity and
inclusivity, strengthening of judicial capacity through specialized training, the establishment of
fast-track family courts, and the implementation of nationwide awareness campaigns to educate
citizens about their legal rights. Collectively, these reforms seek to transform the right to
maintenance from a fragmented and often illusory entitlement into a robust legal and social
mechanism for promoting gender equity, economic justice, and the protection of vulnerable
members of society. | en_US |
