World Family Day: Nearly 12,000 cases pending in Dhaka family courts

Highlights:

• Nearly 12,000 cases pending in Dhaka's family courts
• Dowry and dower cases dominate
• Children become victims of parental separation

Parveen Akter (pseudonym) and Shakil Khan (pseudonym) married for love 25 years ago. Although their families initially refused to accept the relationship, they later accepted the marriage.

Highlights: TBS

The couple became parents to two children during their married life. However, their 25-year marriage came to a bitter end and now both stand in the dock with a series of allegations.

According to the case documents, the couple married in 2001 with a dower fixed at Tk100,001. Although the marriage remained stable for several years, Shakil later allegedly began pressuring Parveen for dowry. Despite selling her gold ornaments and providing cash, the abuse allegedly continued. Eventually, the marriage ended in separation and turned into legal disputes.

Initially, a case was filed under the Women and Children Repression Prevention Act. Later, another case seeking maintenance and child support was filed in Family Court-6. The case was filed in 2022 and is currently at the witness testimony stage. Even after three years, the judicial process has not yet concluded.

The couple are among thousands of families turning to Dhaka's family courts over similar disputes.

Information gathered from the capital's 14 family courts shows that 11,935 cases are currently pending.

Dhaka's family courts are now crowded with thousands of such files. Just last year, there were only three family courts in the capital. More courts have since been established to speed up disposal of family cases.

Under the law, family courts have jurisdiction over matters related to divorce, restitution of conjugal rights, dower, maintenance, guardianship and custody of children, and other disputes arising under Muslim family law.

Court sources said Family Court-1 currently has 1,027 pending cases, Court-2 has 1,783, Court-3 has 1,018, Court-4 has 291, Court-5 has 51, Court-6 has 2,870, Court-7 has 996, Court-8 has 1,104, Court-9 has 392, Court-10 has 767, Court-11 has 629, Court-12 has 152, Court-13 has 1,087 and Court-14 has 598 pending cases.

There are also five appellate courts dealing with family matters.

Officials associated with the courts said one of the most important duties of family courts before beginning trial proceedings is attempting reconciliation between the parties. If reconciliation fails, the court proceeds with judicial hearings.

These trials may take place in open court or behind closed doors. Following due process, courts deliver written judgments and decrees. Completing all procedures often takes four to five years in some cases.

Children paying the price of parental separation

Rozina Banu, a resident of Mirpur in Dhaka, married Selim Parvez through a family arrangement 18 years ago. The couple have two sons aged eight and 11.

Due to marital conflict, the couple separated. However, a legal battle began over who would keep custody of the children. Although the parents separated, the children became the real victims.

Case documents show the couple married in 2008. Some time after the marriage, Rozina allegedly discovered that her husband was addicted to drugs and involved in extramarital affairs. She also alleged that he frequently assaulted her over dowry demands.

In 2018, her husband allegedly married a second time.

Eventually, the marriage ended in 2023. In court, Rozina alleged that abuse over dowry intensified after the second marriage. Following the divorce, she approached the court seeking custody of her two sons, while the father also sought custody.

The children were brought before the court multiple times. According to their statements, they wanted both parents.

Human rights activists believe such neglect towards children by parents amounts to a form of abuse and violation of children's rights.

Executive director of "Amrai Pari" Family Violence Prevention Alliance Zinat Ara Haque said the family is a social institution and the state must ensure children's protection even after family breakdowns.

 "The state does not give adequate importance to the family system and is failing to take responsibility. As a result, children are being deprived of their fundamental rights. In that sense, both parents are responsible," she said.

"If separation occurs, it should happen through a proper system. Parents must first think about ensuring a healthy environment for the children," she added.

Women's rights activist and Nijera Kori coordinator Khushi Kabir said many men leave wives and children unilaterally without taking responsibility.

"Differences in opinion, physical and mental abuse often lead marriages to collapse. In developed societies, counselling systems exist for couples, but we lack such systems," she said.

"The environment of conflict between husband and wife is harmful for children and has a deep impact on them. Many people endure difficulties only for the sake of their children. But before separation, both sides should especially think about the children," she added.

Chairperson of the Sociology Department at Jagannath University Professor Dr Farhana Zaman said modern society has become increasingly individualistic.

"People now prioritise their own wishes much more, and the mentality of compromise has decreased. The importance of family bonds is also declining," she said.

She added that women's education and economic independence have also influenced changing attitudes towards divorce.

"Earlier, divorce carried strong social stigma, but now it is no longer viewed as negatively. However, to sustain family life, mutual respect and understanding are essential," she said.

"At the same time, children suffer both when parents separate and when they grow up in conflict-ridden households. Before marriage, people need proper understanding and mental compatibility," she added.

Former executive director and current adviser of the Bangladesh National Women Lawyers' Association (BNWLA) Advocate Salma Ali said people today are increasingly unwilling to respect one another, adding that family and relatives remain equally important and families need to spend time together.

Chairperson and chief executive of Human Rights Monitoring Organisation Mahmuda Akter said modern lifestyles are creating emotional distance within families, adding that neither husbands nor wives are giving enough time to each other as everyone is chasing money, unlike 30 or 40 years ago.

"Because of these problems, children are becoming deprived. Family values and social accountability have declined, while material demands have increased significantly," she added.

She also stressed the need to teach moral values in schools and colleges and encourage stronger religious discipline.

Additional Public Prosecutor Muhammad Shamsuddoha Sumon said several steps, including increasing the number of courts and introducing e-family courts, have already been taken to speed up disposal of family court cases, adding that the current government is sincere about reducing case backlogs.

He said cases are often delayed because judges remain absent due to leave or vacant positions, while defendants frequently file repeated time petitions to prolong proceedings, causing suffering for litigants, and added that lawyers also need goodwill and he hopes the number of pending cases will decrease in the coming days.