This guide provides an overview of divorce laws and procedures in Bangladesh for people of all religions.
General Principles
- Divorce is a legal process to terminate marriage.
- Different religions have different views on divorce and may have separate procedures.
- A family law expert can advise on navigating the specific laws for your situation.
Divorce Laws for Muslims
- Islamic law permits divorce under specific conditions.
- There are two main types of divorce: extra-judicial (pronounced by husband) and judicial (through court).
Extra-Judicial Divorce (Talaq)
- Husband has the power to pronounce talaq (divorce).
- There are three forms of talaq with varying degrees of finality.
- Wife may have delegated power to divorce through a marriage contract.
- Mutual consent (khula or mubarat) allows both parties to initiate divorce.
- Other processes include ila (oath of abstinence), zihar (comparison to a prohibited relative), and lian (accusation of adultery).
Relevant Laws
- Muslim Family Law Ordinance, 1961
- Dissolution of Muslim Marriage Act, 1939
- The Family Courts Ordinance, 1985
- The Muslim Marriages and Divorces (Registration) Act, 1974
Steps for Muslim Husband to Obtain Divorce
- Pronounce talaq.
- Send written notice to the chairman of the Union Parishad and wife.
- Arbitration council attempts reconciliation within 30 days.
- Divorce becomes effective after iddah period (3 months or pregnancy completion).
Steps for Muslim Wife to Obtain Divorce
- If delegated power exists, exercise it following husband’s procedure.
- Under the Dissolution of Muslim Marriage Act, a wife can seek divorce for various reasons like husband’s absence, lack of maintenance, cruelty, or neglect of marital duties.
- The Muslim Marriages and Divorces (Registration) Act mandates registration of Muslim marriages and divorces.
Divorce Laws for Hindus
- Hinduism considers marriage a sacred bond and discourages divorce.
- No separate law on Hindu marriage and divorce exists in Bangladesh.
- The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946 allows a Hindu wife to seek separation and maintenance on grounds like cruelty, desertion, or adultery.
Relevant Laws
- The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946
- Hindu Marriage Registration 2012
- Hindu Marriage Registration Rules, 2013
- The Family Courts Ordinance- 1985
Divorce Laws for Christians
- Christianity views marriage as a lifelong union.
- Divorce is possible on limited grounds through the court system.
Relevant Laws
- Divorce Act, 1869
- Special Marriage Act, 1872
- The Family Courts Ordinance- 1985
Procedures for Christian Divorce
- Either spouse can file a petition with the District Judge’s Court or High Court Division based on adultery or other grounds specified in the Divorce Act.
- The court reviews the petition and may grant a decree for dissolution of marriage after a waiting period.
- Nullity of marriage can also be obtained on grounds like impotence, prohibited relationships, or undisclosed existing marriages.
- Judicial separation is another option for spouses seeking to live apart based on specific reasons.