Divorce in Bangladesh

Divorce in Bangladesh

 

A family is a group of persons united by ties of marriage, blood, or adaption; constitution a single household; interacting and communicating with each other in their respective social roles of husband and wife, creating and maintaining a common culture.

But not in all cases people can keep that unity and maintain their respective roles and have trust in each other and this thing causes divorce. Different religions have different views on divorce and marriage as different procedure of divorce law in Bangladesh applies for Muslims, Hindus, Christians, and Buddhists.

Some religion like Hinduism and Christianity does not approve the idea of divorce but Islam allows divorce and has given the right to divorce from both husband and wife.

Divorce in Bangladesh & its procedure:

There are three main methods of getting divorce in bangladesh that are recognized under sharia law:

1. Talaq
2. Mubarat
3. Khula

Talaq: Divorce in Bangladesh

This is where the husband pronounces three times “I divorce thee” in front of two or more witnesses. Traditionally, this would have been sufficient for divorce. However the Muslim Family Law Ordinance, 1961 means there are now formal requirements for the recognition of full Talaq divorces in all parts of Divorce law in Bangladesh.

To give divorce following steps will be fulfilled:

1. Husband needs to give notice of divorce to the opposite party i.e his wife and concerned City Corporation or Chairman.
2. Husband needs to sign and put his thumb impression on the notice and book of the marriage register.
3. Two male witnesses will sign the notices of the book of the marriage register.
4. The notice will be sent through registered post.
5. After receiving the notice, the officer of the concerned City Corporation will issue 3(three) notices consecutively in 3(three) months to the husband and wife.
6. The City Corporation will form an arbitration council to resolve the dispute between husband and wife.
7. If no party appears or not possible to resolve City Corporation will issue an order sheet thereof.
8. Thereafter the marriage register will issue a divorce certificate.

Note: A wife does not have any power of her own to dissolve a marriage. She can dissolve a marriage by herself only if the husband had delegated the power to her before the head. In that case, the wife can also give notice to her husband and the above procedure has to complete to get a divorce certificate. The divorce will come into effect at the end of 90 days but the wife’s pregnancy may affect this time.

Mubarat: Divorce in Bangladesh

Where both husband and wife mutually agree to a divorce. To complete a mutual divorce, in practice, both the husband and wife take their decision of giving divorce. Husband and wife and 2 (two) witnesses sign in the book of the marriage register. Usually, before coming to the decision of divorce, both the parties sign an agreement on their decided terms and conditions.

Parties mostly decided about the dower money, maintenance of wife and child (If any). A mutual divorce can be completed as soon as both the parties sign the book of the marriage register.

Khula: Divorce in Bangladesh

Khula is a divorce petition by the wife, provided that she agreed to forego her financial rights (Mahr).

Grounds on which a wife may seek khula include:

1. The husband deserted for more than 4 years.
2. Husband’s failure to provide maintenance for more than two years.
3. Cruelty by husband
4. Husband’s imprisonment for more than 7 years
5. Husband’s failure to fulfill the marital obligation for more than 3 years.
6. Husband’s polygamy without wife’s consent. Additionally, if a wife was married while under 15 years of age, the marriage was not consummated and she chooses to end the marriage before she reaches 18 years of age the marriage can be dissolved.

These are some of the laws regarding divorce ib Bangladesh:

1. Dissolution of Muslim Marriage Act 1939.
2. Muslim Family Law Ordinance 1961.
3. The Family Courts Ordinance, 1985
4. The Muslim Marriages and Divorces (Registration) Act, 1974

Required documents for giving divorce in Bangladesh:

1. Photocopy of Kabinnama
2. Copy of NID (National Identification Number) of husband and wife.
3. Copy of NID (National Identification Number) of two male witnesses.
4. 1(one) photo if an affidavit is prepared by a lawyer.

If you want legal help please contact our expert lawyers. we are always ready to help you.

If you want to know more about Talak in Bangla, please CLICK HERE.