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July 28, 2026

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Legal Aid lawyer's absence at hearing leaves woman on losing end of ex parte verdict

The complainant says she was never told her case was heard without legal representation

Legal Aid lapse leaves woman with one-sided verdict

Emran Hossain

bdnews24.com

Published : 27 Jul 2026, 11:49 AM

Updated : 27 Jul 2026, 11:49 AM

Patuakhali's Reshma Akter Nipa had secured a free lawyer through the Directorate of Bangladesh Legal Aid to fight her husband's appeal in the High Court over his second marriage.

But her lawyer never showed up on the hearing dates and never informed her, resulting in an ex parte ruling against her.

Unhappy with the High Court's partial reversal of the lower court's verdict, Reshma is now seeking proper justice, while also grappling with the recent death of her 10-year-old son.

In its Jan 20 verdict this year, the High Court scrapped her husband Md Jobayet Hossain's seven-month jail term, an officer at the Department of Agricultural Extension, upholding only a Tk 10,000 fine.

On learning of the ruling, Reshma filed a complaint with the Supreme Court's Legal Aid Office over her lawyer Nasrin Begum's absence from the hearing.

Supreme Court Legal Aid Officer (Additional District Judge) Imtiazul Islam said a new lawyer had since been assigned to pursue a leave-to-appeal at the Appellate Division, adding that Nasrin had been dropped from the legal aid panel.

Reshma told bdnews24.com no one had represented her in the High Court on the hearing date, and that she had not even known about it.

She said she went to the Legal Aid Office seeking remedy only after learning of the verdict.

She said her husband had been suspended from his job during the case, and had the earlier verdict held, she would have at least sought a settlement to protect his job.

"In particular, I and my child could have received a share of the provident fund and pension. I fought this case through such hardship to secure that right. This High Court verdict has left us worse off.”

Reshma lodged the case in 2019, accusing Jobayet of marrying again without her consent.

Patuakhali's trial court sentenced him in 2021 to seven months' simple imprisonment and a Tk 5,000 fine, a sentence upheld by the Patuakhali Senior District and Sessions Judge Court in 2022.

Jobayet appealed to the High Court that year.

After moving between two benches, Justice Sayed Jahed Mansur's bench set hearing dates for Jan 14 and 18 this year, but Nasrin, the Supreme Court Legal Aid lawyer assigned to Reshma's case, did not appear on either date.

The verdict's record notes no one appeared on the defendant's behalf.

Nasrin was assigned to the case on Feb 25, 2024.

She said she had undergone eye surgery after being diagnosed with glaucoma, and had been unable to attend court while recovering, adding that she had requested her cases be reassigned to other lawyers to prevent clients from being harmed.

Addressing Reshma's concerns, she said she would personally speak with her, explain the situation and try to reassure her, hoping for a positive resolution at the Appellate Division.

Zakir Hossain, Supreme Court Legal Aid branch administrative officer, said Nasrin informed the office of her surgery after the verdict, but that Reshma's phone was found switched off when they tried to reach her.

Asked if a tracking system exists to monitor cases and ensure legal service, Legal Aid Officer Imtiazul cited staff shortages, saying his office handles more than a thousand cases with very limited personnel.

"I am the only legal aid officer in this office, with a handful of staff. But when a complaint like this comes in about a case, we contact the relevant lawyer, clerk and court to take necessary steps," he said.

He said Reshma could still seek legal remedy despite the appeal deadline having passed, with a leave-to-appeal to be filed along with a delay condonation petition, adding that courts generally take a lenient view in legal aid cases.

Former legal aid official Azizur Rahman Dulu called a legal the lawyer's absence from the hearing outright "professional misconduct”.

He said the affected client could seek compensation or file a complaint against the lawyer with the Bangladesh Bar Council, which could take disciplinary action if the complaint were proven.

Case Background

Reshma married Jobayet, then an officer at the Department of Agricultural Extension, in 2004.

She alleged he married again without informing her, and filed a case in 2019, along with a separate maintenance case.

The court set monthly maintenance for her and her children, but family disputes continued.

She said during Eid in 2024, Jobayet took their 10-year-old son with him, and she learned of the boy's death the following day, initially told he had drowned.

Unconvinced it was a natural death, Reshma has filed a murder case against her husband and his second wife, identified only as Tamanna, which is now being investigated by the police's Criminal Investigation Department (CID).

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  • legal aid

  • Patuakhali

  • High Court

  • family dispute

  • Bangladesh Bar Council

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