Barrister Remura Mahbub
22 March 2016
Updated in 2022 August.
The divorce law in Bangladesh and the procedure to obtain one in Bangladesh is fairly straightforward and inexpensive compared to other nations. In Bangladesh, the bulk of the population is Muslim, and the majority of the population views divorce as one of the most abhorrent legal acts. However, sometimes divorce is inevitable for the betterment of the marriage. This article will provide common available on the simplest divorce procedure, as well as the time, money, and paperwork required to finalize the divorce.
Let’s provide a general overview of the Divoce Procedure in Bangladesh first, we will deep dive later, with specific religion based divorce in this Article. If you have time after that, please keep reading!
Variety of Divorces in Bangladesh:
In Bangladesh, the simplest divorce procedure might be of two types:
a) Divorce with Notice:
Notice divorce is also known as unilateral divorce. To issue a Divorce or Talaq by notice, the approval of the divorce notice recipient is not required. In this situation, one of the parties may not agree to the divorce.
b) Mutual Divorce:
Mutual divorce occurs when both parties agree to the divorce. As both parties are aware of the divorce, it is not necessary to provide notice.
Procedure for Divorce Unilateral Divorce or Divorce by Notice:
To grant a unilateral divorce, the following actions must be taken:
a) The Divorce giver, i.e., the husband or wife, must deliver a notice of divorce to the opposing party, i.e., the husband or wife, as well as the involved city corporation or chairman.
b) The person granting the divorce must sign and put his or her thumbprint on the notices and marriage registrar’s book.
d) Two male witnesses will sign the marriage registrar’s notices book.
d) The alerts shall be delivered via registered mail.
f) The municipality will establish an arbitration council to settle the dispute between the couple.
g) If no party arrives or the dispute cannot be settled, the city corporation will issue an order sheet.
h) The marriage registrar will then issue a certificate of divorce.
Penalty for noncompliance with Divorce procedure:
A violation of the aforementioned divorce procedure is punishable by simple imprisonment for a time that may extend to 1 (one) year, a fine that may extend to 10 [ten thousand taka], or both.
It is time to conclude the divorce procedure:
The unilateral divorce or divorce by notice can be finalized within 90 days of the City Corporation or chairman receiving the notice.
Divorce Procedure Mutual Divorce Procedure (In Summary, we will expand on it later):
Time to finalize Mutual Divorce:
A consensual divorce can be finalized if both parties have signed the marriage register.
Procedure for Divorce During Pregnancy: If the wife is pregnant at the time of the divorce or Talaq proclamation. The divorce will not be final until either 90 days have passed from the date of the notice or the pregnancy has ended, whichever occurs later.
Documents Required for Divorce Procedure:
The following documents are needed to finalize a divorce procedure:
a) Copy of the kabinnama
b) a copy of the husband and wife’s NID (National Identification Number).
c) Photocopies of two male witnesses’ NIDs (National Identification Numbers).
d) one photograph if the affidavit was produced by an attorney
The divorce rate in Dhaka and the rest of Bangladesh is soaring in the present day. In order to avoid future legal issues, individuals should be aware of the simplest divorce method in Dhaka, Bangladesh.
Islamic divorce law in Bangladesh and procedures in Bangladesh
Types of Divorces among Bangladeshi Muslims:
In accordance with the islamic divorce law in Bangladesh for muslims, which are applicable to muslims in regards to divorce laws in Bangladesh, there are two sorts of divorce applicable to muslims, which are as follows:
- Extra – Judicial
- Judicial
- Extra-judicial Divorce
- Husbands’ Authority: Talaq
- Power of the Wife: Talaaq-i-tawhid
- Mutual Consent
- Other Operations
i. Power of husbands: Talaq
The shariah rigorously grants the husband the power of divorce, placing him in a higher position to the wife. The husband’s ability to pronounce talaq is not contingent on any agreement provisions; he may do so unilaterally without providing any justification. The Iddah period begins when the husband pronounces talaq and lasts for three months or three menstrual cycles. At the conclusion of the iddah period, the talaq will be effective if the woman does not become pregnant during the three-month timeframe.
Talaq Ahsan:
If one revocable talaq is said during the period of unconsummated purity and the husband does not revoke it throughout the iddah period, the talaq becomes valid at the conclusion of the iddah period. When the talaq becomes effective, it is referred to as Talaq Ahsan.
Talaq-i-hasan:
Talaq-i-hasan consists of three separate revocable statements issued during three distinct periods of unconsumed virginity, regardless of whether the first two pronouncements have been retracted. A talaq of this type becomes effective at the third proclamation. The third proclamation is irrevocable; this form of talaq is known as talaq-i-Hasan.
Talaq al Bida:
Talaq al Bida is a type of talaq in which the husband pronounces talaq three times in a single meeting or issues a single irrevocable talaq, and the talaq becomes effective and irrevocable. Both of these proclamations become definitive and irrevocable the moment they are made.
(ii) Wife’s Authority: (talaaq-i-tawfid)
(iii)By mutual agreement (khula, Mubarat)
Mubarat is the term used when both husband and wife seek separation via mutual consent. Khula or redemption refers to a sort of divorce that occurs at the wife’s desire.
(iv) Additional processes
Ila: If the husband swears in the name of Allah Almighty that he would abstain from physical contact with his wife for four months, then the court will dissolve the marriage after the expiration of those four months; this type of talaq is known as Ila.
Zihar is synonymous with comparison. Zihar is committed when a husband compares his wife to anyone (sister/mother) who is inside the forbidden degree with him. Zihar does not dissolve the marriage; rather, a husband is prohibited from cohabiting with his wife prior to the marriage’s expiration or redemption. In the event that restitution is not made, the wife has the right to file for divorce.
Lian: If the husband accuses his wife of adultery after taking an oath in the name of Allah and the woman denies the accusation while also taking an oath in the name of Allah, then it will be the court’s responsibility to annul the marriage due to the contradictory vows. Instead of Lian immediately dissolving the marriage, the court must declare the divorce.
Relevant Bangladeshi Muslim Divorce Legislation:
Muslim Divorce Laws, Acts, and Provisions in Bangladesh
In Bangladesh, the following act, provision, and legislation pertain to divorces for Muslims.
- 1961’s Muslim Family Law Ordinance.
- The 1939 Dissolution of Muslim Marriage Act
- The Family Courts Act of 1985
- The Registration of Muslim Marriages and Divorces Act of 1974
- Step-by-Step Divorce Procedure in Bangladesh for Muslim Husbands
The Muslim Family Laws Ordinance of 1961 specifies the method for Talaq by the husband; hence, the divorce procedure for Muslim husbands in Bangladesh is outlined here. In accordance with section 7 of the Ordinance of 1961, a husband may divorce his wife as follows:
Step 1 | Talaq Pronunciation
The initial step is to pronounce talaq. A husband who seeks to divorce his wife may vocally announce the Talaq.
Step 2 | Notification of Divorce to the Chairman or Union Parishad
Soon after the proclamation, a written notice must be sent to the chairman of the union Parishad or another authorized person. Additionally, a copy of this notice must be provided to the wife.
Step 3 | Arbitration Council Within 30 Days after Receiving Notice
After that, the chairman shall appoint an arbitration council within thirty days after receiving the notice and take all other procedures necessary to achieve reconciliation.
Step 4 | Divorce Confirmation
If reconciliation fails, the divorce will become final after the three-month ‘iddat’ term. These three months must pass for talaq to become effective. If the Wife is pregnant during the Talaq, the divorce will not begin until after the pregnancy.
CONTACT US TO ENGAGE A DIVORCE ADVOCATE IN BANGLADESH
Procedure for Divorcing a Muslim Wife in Bangladesh
In accordance with section 8 of the Muslim Family Laws Ordinance of 1961, if a wife acquires the right to divorce by delegation, she may exercise this right in the same manner as the husband (as specified in section 7) insofar as this is appropriate.
In addition, under Section 2 of the Dissolution of Muslim Marriages Act of 1939, a wife has the right to request a declaration of dissolution of her marriage. The following are the grounds for a decree of dissolution of marriage under this section:
i.If the husband has been missing for four years and has not been located,
ii.If the husband has failed to give maintenance for his wife for two years.
iii.If the husband has been condemned to or imprisoned for seven years or more, the wife may file for divorce.
iv.If the husband has failed to discharge a marital duty for three years or more, he may be divorced.
If the husband was or continues to be impotent.
vi.If the husband has failed to fulfill marital responsibilities for three years or more, the wife may file for divorce.
vii.If, for a period of two years, the husband has been mentally ill and has suffered from any other life-threatening conditions, he will be divorced.
viii.If the woman was wed before the age of 18 and she annuls the marriage before turning 19 years old, she will be considered a minor.
ix.If the husband is treating the wife cruelly, including:
- recurring violence or physical torment
- living an immoral existence
- compelled the wife to live an immoral lifestyle
- disposes of the wife’s property
- preventing her from engaging in religious activities
- does not treat his wife with the same respect as the other wives (If the husband has several wives)
- Or any other basis specified by Islamic law.
In addition, the Muslim Marriages and Divorces (Registration) Act of 1974 addresses Muslim marriage and divorce registries. In accordance with section 6 of the Act, a registrar may record a divorce under Muslim law upon receiving a request to do so.
In addition, if a wife has given the authority to divorce her husband (Talaq-i-Tawfid), evidence of the delegation must be presented to the Registrar in order to record this type of divorce.
“As Hindu marriage is seen as a divine connection and a sacrament, there is no mention of divorce or dissolution in Hindu personal law. In Hinduism, marriage is consequently a holy relationship that cannot be severed through divorce. Thus, Hinduism places a high value on marriage and disapproves of separation and divorce.”
Hindu Divorce Laws and Procedure in Bangladesh
Bangladesh Hindu Divorce Laws and Procedure:
Hindu Divorce Procedures and Laws in Bangladesh:
As Hindu marriage is seen as a divine connection and a sacrament, there is no mention of divorce or dissolution in Hindu personal law. In Hinduism, marriage is consequently a holy relationship that cannot be severed through divorce. Thus, Hinduism places a high value on marriage and disapproves of separation and divorce.
Relevant Hindu Divorce Legislation and Provisions in Bangladesh:
- Hindu Married Women’s Right to Separate Residence and Support Act of 1946
- Hindu Marriage Registration 2012
- 2013 Hindu Marriage Registration Regulations
- The Family Courts Act of 1985
- There is no separate Hindu Marriage and Divorce law in Bangladesh. The Hindu Married Women’s Right to Separate Residence and Maintenance Act of 1946 exists, however. In accordance with section 2 of this Act, a Hindu married woman may request separation and support from her husband if she satisfies the aforementioned grounds.
According to this provision, a married Hindu woman is entitled to a separate dwelling and maintenance from her husband for one of the following reasons:
1.If the husband is suffering from a condition that he did not acquire from his wife, he should seek medical treatment.
2.If the husband treats his wife harshly
3.If the husband deserted the woman without her permission or desire
4.If he Marries Again,
5.If the husband switches from Hinduism to another religion,
6.If he maintains a mistress and resides with her,
7.Other justifiable motives
Nevertheless, a Hindu wife shall not be entitled to a separate house or maintenance if she converts to another faith or fails to comply with the restitution of conjugal rights order of the relevant court.
Dissolution of Wedlock in Hindu Marriage
In lieu of Divorce, a Hindu couple may apply the Family Court for Dissolution of Marriage pursuant to section 6 of the Family Courts Ordinance of 1985.
The stages necessary to obtain a divorce are outlined below:
First Step | File a Case
A husband or wife may file a petition for dissolution of marriage with the family court in accordance with the ordinance. The complaint must contain pertinent information on the dispute between the husband and wife.
Step 2 | Objecting to the Written Declaration
At a specified day, the parties must appear before the Family Court. The defendant must submit a written statement together with supporting evidence.
Step 3 | Review of the Petitions
Fourth Step | Framing the Issues
Afterward, if the court is unable to reconcile the parties, issues will be formulated and a hearing date will be set within 30 days.
Fifth Stage | witness Examination
On the specified date, the court shall examine and record the testimony of the witness.
Step 6 | Discussion of the Parties’ Negotiations
After recording the testimony of the parties and witnesses, the court will attempt reconciliation between the parties to the lawsuit.
Step 7 | Decree of Marriage Dissolution
Afterwards, if the court is convinced that the parties should be granted dissolution, it will enforce a decree dissolving the marriage between the parties.
An aggrieved party may file an appeal against the Family Court’s ruling.
Documentation of Divorce
The Hindu Marriage Registration Act, 2012 and the Hindu Marriage Registration Rules, 2013 were enacted to legitimize the registration of Hindu marriages. Registration of marriages under Hindu law was not possible in Bangladesh until the Hindu Marriage Registration Act was enacted. The Hindu Marriage Registration Rules, 2013, were enacted to implement the Hindu Marriage Registration Act.
There was no mention of marriage registration in the Hindu marriage system. Without registration, a marriage could not be proven, and hence, divorce was impossible. Section 3 of the statute indicates that registration is optional, and the marriage is regarded lawful even if it has not been recorded. Section 6 of the Act describes the marriage registration procedure. Either party may file for the Registration once the marriage has been solemnized. Historically, there was no marriage registration for Hindu couples, making it hard to legally confirm their relationship.
Christian Divorce Laws and Procedure in Bangladesh
Relevant Statutes for Christian Divorce Laws in Bangladesh
- Divorce Act, 1869
- 1872 Special Marriage Act
- The Family Courts Act of 1985
The procedure and steps for initiating a Christian divorce are detailed in the next section.
-
Step 1
According to Section 3 of the Divorce Act of 1869, any Christian husband may petition the District Judge’s Court or the High Court Division to dissolve the marriage for adultery.
Similarly, under section 10, a wife may petition any court for dissolution of marriage based on the following grounds:
If the husband has switched from Christianity to another religion and married another lady.
Husband committed adultery.
If the husband has committed adultery with another woman.
Violence or sexual immorality
If the husband has been abandoned for two years and has also committed adultery.
If the husband was also guilty of brutality and infidelity
Step 2:
As stated in section 12 of the Act, if the court is satisfied based on the facts of the alleged ground and is sure that the allegation is not collusive or that there is no condonation of the alleged ground for filing for divorce, a decree of dissolution of marriage shall be issued.
However, if the court is not convinced by the facts of the alleged ground and is confident that the accusation is a result of collusion, the District Court shall dismiss the petition, and a similar petition may be filed with the High Court Division.
Step 3:
If the grounds for divorce are valid, the District Court will issue a decree of dissolution of marriage. In accordance with section 17 of the Act, the decree is subject to review by the High Court Division and will not be affirmed until six months have passed since its proclamation.
Voidness of Marriage
The District Judges court or the High Court, as specified in section 19 of the Act, may issue a decree of nullity of marriage in response to a petition filed by the husband or wife. According to this clause, either of the two courts may issue an order declaring a marriage null and void for any of the following reasons:
1. When the respondent lacks libido.
2. Relationships prohibited between the parties.
3. When one of the spouses was insane during the marriage.
To annul the marriage, the court must be convinced that neither party’s consent was obtained via force or deception.
Judicial Separation
Judicial separation is an alternative divorce procedure. Sections 22 and 23 of the Divorce Act of 1869 govern a petition for judicial separation to the High Court Division or the District Court on the grounds of adultery, cruelty, and desertion for two years or more without a reasonable cause. According to section 26 of the Act, the court may reverse judicial separation if it was imposed in the absence of the parties and there was a valid cause for the claimed desertion.
Restitution of Marriage Rights:
Under section 32 of the Act, if either the husband or wife has withdrawn from the other’s company without a justifiable reason, they may petition the District Court or High Court Division for restitution of conjugal rights.
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Buddhist Divorce Laws and Procedure in Bangladesh
Marriage is not viewed as a sacrament from a Buddhist perspective; it is viewed as a secular institution. Unlike Hinduism, Buddhism has no limitations on divorce. Buddhists think that divorce or breakdown is preferable if a marriage brings suffering. Buddhists must abide by the individual laws enacted by their different governments. There is no Buddhist personal law in Bangladesh, hence Buddhists living in the nation do not adhere to a specific divorce law.
Nonetheless, the Family Law Ordinance of 1985 applies to everyone, regardless of faith. This ordinance describes the procedure for dissolving a marriage in the family court.
In addition, there is a marriage and divorce statute known as the Special Marriage Act of 1872. This Act applies to those who practice the Hindu, Buddhist, Sikh, or Jain faiths.
Relevant Statutes for Buddhist Divorce Laws in BD
:
- The Family Courts Act of 1985
- 1872 Special Marriage Act
- Breakup of the Marriage:
- In lieu of Divorce, a Buddhist couple may apply the Family Court for Dissolution of Marriage pursuant to section 6 of the Family Courts Ordinance of 1985. The stages necessary to obtain a divorce are outlined below:
Step 1 for Buddhist Divorce Law in Bangladesh
A husband or wife may file a petition for dissolution of marriage with the family court in accordance with the ordinance. The complaint must contain pertinent information on the dispute between the husband and wife.
Step 2 Buddhist Divorce Law in Bangladesh
At a specified day, the parties must appear before the Family Court. The defendant must submit a written statement together with supporting evidence.
Step 3 Buddhist Divorce Law in Bangladesh
The court must set a date for a pre-trial proceeding within 30 days after receiving a written statement. In the pre-trial hearing, analyze the petition with other papers and, if possible, attempt reconciliation.
Step 4 Buddhist Divorce Law in Bangladesh
Afterward, if the court is unable to reconcile the parties, issues will be formulated and a hearing date will be set within 30 days.
Step 5 Buddhist Divorce Law in Bangladesh
On the specified date, the court shall examine and record the testimony of the witness.
Step 6 Buddhist Divorce Law in Bangladesh
After recording the testimony of the parties and witnesses, the court will attempt reconciliation between the parties to the lawsuit.
Step 7 Buddhist Divorce Law in Bangladesh
Afterwards, if the court is convinced that the parties should be granted dissolution, it will enforce a decree dissolving the marriage between the parties.
An aggrieved party may file an appeal against the Family Court’s ruling.
Bangladesh Divorce Laws and Procedure for Atheists
Bangladesh Divorce Laws and Procedures for Atheists
Bangladesh Divorce Laws and Procedures for Atheists
Atheism is the denial of the existence of a deity or deities. A person who does not believe in the existence of a god or gods is an atheist, and atheists do not practice any religion.
There is no special law for atheist marriage and divorce in Bangladesh. In Bangladesh, however, there is a marriage statute known as the Special Marriage Act of 1872. This Act applies to marriages celebrated between individuals who do not profess any religion, such as Hindu, Muslim, Buddhist, Jaina, etc.
Relevant Statutes and Procedures for Atheists in BD:
1872 Special Marriage Act
Divorce Act, 1869
The Family Courts Act of 1985
In accordance with Section 2 of the Special Marriage Act, a person who does not profess a religion may marry if they meet the following requirements:
A party must not have been previously married and have a current husband or wife.
Men must be 18 years old, while women must be 14 years old.
If either party is under 21 years old, their guardian must approve to the marriage.
The parties cannot share a degree of consanguinity.
In addition, Section 17 of this Act specifies that the Divorce Act of 1869 applies to people who form marriage under this Act. It specifies that a marriage may be ruled invalid or dissolved in accordance with the Divorce Act. In accordance with the rules of The Special Marriage Act, 1872 and The Divorce Act, 1869, an atheist who resides in Bangladesh may sue for divorce.
The divorce filing process for atheists is covered in detail below.
Step 1 for filing:
Under the requirements of Section 3 of the Divorce Act of 1869, any husband may petition the District Judge’s Court or the High Court Division to dissolve his marriage based on his wife’s infidelity.
Similarly, under section 10, a wife may petition any court for dissolution of marriage based on the following grounds:
- If the spouse has changed to a different religion and married a
- different woman.
- If the husband has committed adultery,
- If the husband has married another woman, he is guilty of adultery.
- If the spouse has been convicted of rape or bestiality
- If the husband has been absent for two years and committed adultery, the wife may file for divorce.
- If the husband was also guilty of brutality and infidelity.
Step 2 for filing Atheist Divorce in Bangladesh:
As stated in section 12 of the Act, if the court is satisfied based on the facts of the alleged ground and is confident that the allegation is not collusive or that there is no condonation of the alleged ground for filing the petition for divorce, an order for the dissolution of the marriage shall be issued.
However, if the court is not convinced by the facts of the alleged ground and is confident that the accusation is a result of collusion, the District Court shall dismiss the petition, and a similar petition may be filed with the High Court Division.
Step 3 filing Atheist Divorce in Bangladesh
:
Once the court has determined that the grounds for divorce are valid, the District Court will issue a decree dissolving the marriage. In accordance with section 17 of the Act, the decree is subject to review by the High Court Division and will not be affirmed until six months have passed since its proclamation. The Board of Three Judges of the High Court Division may adopt such a conclusion by majority vote after hearing and, if required, obtaining additional evidence.
Voidness of Marriage in Divorce Law in Bangladesh
In accordance with section 19 of the Act, the District Judges court or the High Court may issue a decree of nullity of marriage in response to a petition filed by the husband or wife. According to this clause, either of the two courts may issue an order declaring a marriage null and void for any of the following reasons:
When the respondent lacks libido.
When the parties’ relationship exceeds the permissible level
When one of the spouses was insane during the marriage.
If the former husband or wife of either party was living during the marriage and the marriage between them was valid at that time, then the marriage is invalid.
To annul the marriage, the court must be convinced that neither party’s consent was obtained via force or deception.
Judicial Separation
Judicial separation is an alternative divorce procedure. Under section 22 of the Divorce Act, a husband and wife may petition either court for a judicial separation. Sections 22 and 23 of the Divorce Act of 1869 govern the petition for judicial separation to the High Court Division or the District Court on the grounds of adultery, cruelty, or desertion for two years or longer without a reasonable cause.
Such an order for judicial separation may be revoked by the court if it was issued in the parties’ absence and there was a valid cause for the alleged desertion, as stated in section 26 of the Act.
Return of Marriage Rights in Divorce Law in Bangladesh
An order for the restoration of conjugal rights may also be issued pursuant to section 32 of the Act if either the husband or wife has withdrawn from the society of the other without a sufficient cause and petitions the District Court or the High Court Division for restitution of conjugal rights.
Only Muslim law recognizes divorce between married couples, in contrast to Hindu, Christian, Buddhist, and atheist doctrines. Both Hindu and Christian law regard marriage as a sacred relationship and prohibit divorce and dissolution. In contrast to Hinduism, there are no limits on divorce in Buddhism. Buddhists think that divorce or breakdown is preferable if a marriage brings suffering.
As per the legal basis of Divorce in Bangladesh, there are numerous Marriage and Divorce statutes for Muslims. Husband and wife can file for divorce on a variety of grounds under Muslim law. Additionally, the Christian Divorce Act provides divorce processes when the grounds for divorce vary between husband and wife.
The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946 stipulates that a Hindu woman may seek separation and maintenance from her husband if she meets certain criteria.
A Hindu couple may also file a petition for judicial separation with the family court. In circumstances relating to Marriage and Divorce, the Special Marriage Act and the Divorce Act shall apply to the Atheist. The Family Court Ordinance of 1988 applies to all residents, regardless of faith, not just Muslim communities.
Consequently, all marriage and divorce-related issues shall be governed by this law. However, the existing regulations on divorce require numerous modifications. Hindus and Buddhists dwelling in Bangladesh require distinct rules regarding marriage and divorce.
Legal System/History | The legal system is partially based on English common law. Bangladesh declared independence from Pakistan in December 1971. After 1947, British-era legislation and post-partition legislation enacted in Pakistan continued to form the basis of Bangladeshi personal status laws, but legal developments since 1972 have been distinct. |
School(s) of Fiqh | Hanafi majority; Hindu and Christian religious minorities |
Constitutional Status of Islam(ic) Law | The constitution was adopted on November 4, 1972. Part II, entitled Fundamental Principles of State Policy, was amended in 1977 to remove the principle of secularism. Article 2(a) was added in 1988, declaring Islam the official state religion while reiterating that other religions may be practiced in peace and harmony. |
Court System | The regular court system is used to apply Islamic family law. The legal system is divided into two levels: subordinate courts and a Supreme Court with Appellate and High Court Divisions. The Family Courts are the courts of first instance for personal status cases of all religious communities, although different religious communities are governed by their own personal status laws. The Family Courts Act of 1985 governs the jurisdiction and functions of these courts. Jurisdiction is limited to civil suits, and any criminal offenses that arise in the course of civil cases are dealt with by Criminal or Magistrates Courts. |
Relevant Legislation |
Guardians and Wards Act 1890Child Marriage Restraint Act 1929
|
Notable Features of Muslim Divorce law |
Marriage Age: 21 for males and 18 for females, lunar calendar; penal sanctions for contracting under-age marriages, though such unions are not considered invalidMarriage Guardianship: governed by classical Hanafi law
Marriage Registration: penal sanctions for those in violation of mandatory registration requirements for marriage; failure to register does not invalidate the marriage Polygamy: introduction of new regulations on polygamy by MFLO 1961; constraints placed on polygamy by requirement of application to the local Union Council for permission and notification of existing wife/wives; penal sanctions for contracting a polygamous marriage without prior permission, though there are no sanctions for failing to obtain existing wife’s permission and subsequent marriage is not invalidated for lack of registration or failure to obtain official permission; the husband’s contracting a polygamous marriage in contravention of legal procedures is sufficient grounds for first wife to obtain decree of dissolution Obedience/Maintenance: governed by classical law; in Nelly Zaman v. Giasuddin Khan (34 DLR (1982) 221) husband’s suit for forcible restitution of conjugal rights considered outmoded and untenable when considered with relation to principle of gender equality enshrined in the Constitution Talaq: introduction of new regulations on talaq by MFLO 1961; every talaq uttered in any form whatsoever (except third of three) has effect of being single and revocable; formalisation of reconciliation and notification procedures, and procedures for recovery of mahr; penalties for non-compliance Judicial Divorce: grounds on which women may seek divorce include: desertion for four years; failure to maintain for two years or husband’s contracting of a polygamous marriage in contravention of established legal procedures; husband’s imprisonment for seven years; husband’s failure to perform marital obligations for three years; husband’s continued impotence from the time of the marriage; husband’s insanity for two years or his serious illness;
wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before age of 18 and repudiates the marriage before the age of 19 (as long as marriage was not consummated); husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives); any other ground recognised as valid for dissolution of marriage under Muslim Divorce law; judicial khul may also be granted without husband’s consent if wife is willing to forgo her financial rights; in Hasina Ahmed v. Syed Abul Fazal (32 DLR (1980) 294) woman was granted khul’ by judicial decision in spite of husband’s refusal Post-Divorce Maintenance/Financial Arrangements:Generally governed by classical law; judgments deviating from classical law frequently refer to social welfare arguments as well as reinterpretation of original sources of Islamic law; in the case of Rustom Ali v. Jamila Khatun (34 DLR (1991) 301), the wife was not entitled to maintenance arrears and maintenance was only determined to be payable from the date the suit was brought before the Family Court until three months after (judgement was quashed and classical law reaffirmed upon appeal in 1998)
Child Custody:General rules is that divorce is entitled to custody until age of 7 for males (classical Hanafi position) and puberty for females, subject to classical conditions, though there is some flexibility as wards best interests are considered paramount under terms of Guardians and Wards Act 1890; in Md. Abu Baker Siddique v. S.M. Bakar & oths (38 DLR (AD) 1986), classical Hanafi rules ending mother’s rights over custody of male children at the age of 7 were deviated from in best interests of the child; mother’s name must be included with father’s name in child’s documents. Succession:Governed by classical law although customary law may predominate under certain circumstances; at times customary law favours women; concept of obligatory bequest in favour of orphaned grandchildren introduced by MFLO 1961 allows for heirs through sons and daughters to inherit the shares their fathers/mothers would have been entitled to had they not predeceased the grandparents |
Law/Case Reporting System | Bangladesh Legal Decisions, Dhaka Law Cases, Dhaka Law Reports |
International Conventions (with Relevant Reservations) & Reports to Treaty Governing Bodies |
CEDAW signature 1984 with reservations to Arts. 2 & 16(1)(c) (3rd periodic report 8 Apr. 1993; 3rd and 4th periodic reports 1 Apr 1997)CRC signature & ratification 1990 with reservations to Arts. 14(1) & 21
ICESCR accession 1998 with declarations regarding Arts. 1, 2 & 3, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages accession 1998 with reservations to Arts. 1 & 2 |
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