Divorce Laws and Procedures in Bangladesh

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

  1. Pronounce talaq.
  2. Send written notice to the chairman of the Union Parishad and wife.
  3. Arbitration council attempts reconciliation within 30 days.  
  4. 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.

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