Introduction:
Divorce is the legal termination of a marriage between two parties. It is the legal way of ending a marriage and freeing the spouses from all marital obligations. The legal process of divorce varies from country to country. In Bangladesh, divorce law is governed by the Muslim Family Law Ordinance of 1961. This law outlines the grounds for divorce, the procedure for obtaining a divorce, and the rights of spouses during the divorce process. In this article, we will discuss the divorce law in Bangladesh, including the grounds for divorce, the procedure for obtaining a divorce, and the rights of spouses during the divorce process.
Grounds for Divorce in Bangladesh:
In Bangladesh, divorce can be initiated by either the husband or the wife. The grounds for divorce under the Muslim Family Law Ordinance of 1961 are as follows:
Adultery: If either spouse commits adultery, the other spouse can file for divorce. However, in order for adultery to be a valid ground for divorce, it must be proven in court.
Cruelty: If one spouse is cruel or abusive to the other spouse, the victimized spouse can file for divorce. This can include physical or mental cruelty.
Desertion: If one spouse abandons the other spouse for a period of at least two years, the abandoned spouse can file for divorce.
Conversion to another religion: If one spouse converts to another religion, the other spouse can file for divorce.
Mental disorder: If one spouse suffers from a mental disorder that makes it impossible for the couple to live together, the other spouse can file for divorce.
Irretrievable breakdown of the marriage: If the marriage has irretrievably broken down and there is no hope of reconciliation, either spouse can file for divorce.
Divorce is an unfortunate reality that affects many people, including Muslims in Bangladesh. Under Islamic laws, there are two types of divorces available for Muslims in Bangladesh: Extra-Judicial and Judicial. In this article, we will provide a comprehensive guide to the different types of divorces, the procedures, and additional information that may be helpful for those seeking a divorce in Bangladesh.
There are two types of divorce 1) Extra – Judicial 2)Judicial
Extra-Judicial Procedure:
In Bangladesh, Muslim couples can dissolve their marriage through both judicial and extra-judicial procedures. Extra-judicial procedures, also known as out-of-court procedures, are based on the religious laws of Islam and are governed by the Muslim Family Laws Ordinance, 1961.
The husband has the unilateral power to pronounce divorce, also known as Talaq, under the Islamic law of Bangladesh. The husband can exercise this power without any reason or showing any cause whatsoever. Once the husband pronounces Talaq, the Iddah period starts, and the time frame is 90 days or three menstrual cycles of women. If the wife does not get pregnant within those 90 days, the Talaq will become successful.
On the other hand, the wife can dissolve the marriage through the delegated power of Talaq-i-tawfid if the husband has given her such power before the marriage. If the husband has delegated such power, the wife can dissolve the marriage by exercising that power without resorting to either the husband or the court. However, the existence of such power completely depends on the contract between husband and wife.
In addition, Muslim couples can seek separation through mutual consent, known as Mubarat or Khula. Mubarat means a mutual agreement between the husband and wife to dissolve the marriage, while Khula is a form of divorce that takes place at the request of the wife.
Besides these, there are other extra-judicial processes for divorce in Bangladesh. Ila, for instance, occurs when the husband takes an oath in the name of Allah that he will abstain from a physical relationship with his wife for four months. After the expiry of such 4 months, the court will dissolve the marriage. Zihar is another type of divorce where the husband compares his wife with someone who is within the prohibited degree, and it does not dissolve the marriage. Instead, the husband cannot cohabit with his wife before expiration or redemption. Finally, Lian happens when the husband brings an accusation of adultery against his wife, and the wife denies such accusation, taking an oath in the name of Allah. In such cases, the court has to declare the separation.
It is essential to note that extra-judicial procedures of divorce in Bangladesh are subject to certain conditions and restrictions. For example, the husband’s power to pronounce divorce is revocable during the Iddah period, and if he does not revoke it, the divorce becomes irrevocable. Similarly, for the wife’s delegated power of Talaq-i-tawfid, the conditions for exercising such power must be agreed upon in the marriage contract. Therefore, it is crucial to seek legal advice before resorting to any extra-judicial process for divorce in Bangladesh.
Judicial Procedure
Judicial divorce is a process that is initiated in the court system. The Muslim Family Law Ordinance of 1961 governs the judicial divorce process in Bangladesh. The grounds for judicial divorce include adultery, cruelty, desertion, impotency, and mental disorder. The procedure for obtaining a judicial divorce in Bangladesh involves the following steps:
Procedure for Divorce in Bangladesh: The procedure for obtaining a divorce in Bangladesh involves the following steps:
- Filing a Divorce Petition: The spouse who wants a divorce must file a divorce petition in the Family Court. The petition should state the grounds for divorce and any other relevant information.
- Hearing: The Family Court will schedule a hearing for the divorce petition. During the hearing, both spouses will have the opportunity to present their case.
- Attempt at Reconciliation: Before granting the divorce, the court will make an attempt to reconcile the couple. If reconciliation is not possible, the court will proceed with the divorce.
- Issuing a Divorce Decree: If the court decides to grant the divorce, it will issue a divorce decree that legally ends the marriage.
Rights of Spouses during the Divorce Process:
During the divorce process, both spouses have certain rights. These rights include the following:
Right to legal representation: Both spouses have the right to be represented by a lawyer during the divorce process.
Right to alimony: The spouse who is financially weaker is entitled to receive alimony from the other spouse.
Child custody: In case of divorce, the court will decide on the custody of children based on the best interest of the child.
Property division: The court will divide the marital property between the spouses based on the contributions of each spouse and other relevant factors.
What are Divorce Papers?
Divorce papers are legal documents that are required to initiate the divorce process in Bangladesh. They typically include a petition for divorce, which outlines the grounds for divorce, as well as any supporting documentation, such as marriage certificates or proof of residency.
In Bangladesh, there are three main laws that govern divorce: the Muslim Family Law Ordinance 1961, the Hindu Marriage Act 1955, and the Special Marriage Act 1872. Depending on your religion and personal circumstances, the specific requirements for obtaining divorce papers may vary.
How to Obtain Divorce Papers in Bangladesh
To obtain divorce papers in Bangladesh, the first step is to consult with a qualified lawyer who specializes in family law. Your lawyer will advise you on the specific procedures and requirements for your particular case and will assist you in preparing and filing the necessary paperwork.
In general, the process for obtaining divorce papers in Bangladesh involves the following steps:
- Filing a petition for divorce: You or your lawyer will need to file a petition for divorce with the relevant court or authority. The petition should include your personal details, your spouse’s personal details, the grounds for divorce, and any supporting documentation.
- Serving notice to your spouse: Once the petition is filed, you will need to serve notice of the divorce proceedings to your spouse. This can be done through registered post or through a process server.
- Attending court hearings: Depending on your case, you may need to attend one or more court hearings to resolve any disputes and finalize the divorce.
- Obtaining the final divorce decree: Once all the legal requirements have been met and the court is satisfied that the divorce is valid, you will be issued a final divorce decree.
Conclusion:
In conclusion, divorce law in Bangladesh is governed by the Muslim Family Law Ordinance of 1961. The grounds for divorce include adultery, cruelty, desertion, conversion to another religion, mental disorder, and irretrievable breakdown of the marriage. The procedure for obtaining a divorce involves filing a divorce petition, attending a hearing, attempting reconciliation, and issuing a divorce decree. During the divorce process, both spouses have certain rights, including the right to legal representation, alimony, child custody, and property division. It is important for spouses to understand their rights and the legal process before seeking a divorce in Bangladesh. It is recommended to seek legal advice from a qualified lawyer who specializes in family law.
It is important to note that divorce can have a significant emotional and financial impact on both spouses, as well as on any children involved. Therefore, it is advisable for couples to consider alternative options before filing for divorces, such as counseling, mediation, or arbitration.
In addition, it is important to ensure that both parties are aware of their legal rights and responsibilities before entering into a marriage. In Bangladesh, couples can enter into a prenuptial agreement, which can help to protect their individual assets and clarify their respective rights in the event of a divorce.
In conclusion, divorce law in Bangladesh provides a legal framework for couples who wish to end their marriage. The grounds for divorce, the procedure for obtaining a divorce, and the rights of spouses during the divorce process are all governed by the Muslim Family Law Ordinance of 1961. It is important for couples to seek legal advice and consider alternative options before filing for divorce and to ensure that they are aware of their legal rights and responsibilities both before and during their marriage.