Divorce Laws in Bangladesh

Today we are going to discuss about divorce laws in Bangladesh. In simple terms it can be said that divorce is one of the ways for termination of a marriage. With certainty I can say that there is hardly any legal system where divorce doesn’t exists. In all of the legal systems divorce is regulated either by statutory law or by personal law (religious law). There is no unique and uniform divorce laws for all religion and sects in Bangladesh. In our country divorce is regulated by laws. There are three steps for divorce to occur and transpire within Bangladesh, and these stages are the only possible way to legally end a marriage unless an act of God or nature happens first. A notice must be written, an arbitration board is faced and once 90 days has passed, a registration certificate is acquired by the Registrar in the country.
Taking the step to divorce in Bangladesh could affect both spouses when the right processes are not utilized. Because the procedure to dissolve the relationship is so exact with only three stages for completion, if any of these are not performed as specified, the husband and wife are not considered divorced. However, the wife is permitted a different process based on Muslim Family Law Ordinance established in 1961. This was created for dower monies afforded to the as yet unmarried wife and for maintenance of herself and any children that would be living with her. This is possible through a family court with a civil suit. The Section 7 part of this ordinance is what provides the divorce grounds.

When the Muslim Family Law Ordinance is used, the wife has the opportunity to follow a different set of steps that could bypass the three requirements necessary for usual divorce proceedings. However, it must be initiated by the wife when she feels the need to divorce and separate from her husband and take any children that have been conceived through the marriage. If the notice is written instead, both parties must finish the arbitration board meeting and then wait the full 90 days before a certificate may be obtained. However, at that point, the wife may still have the option of taking her children with her wherever it is she leaves to after the divorce.

1.Marriage and Divorce Acts and Laws

It is possible through Muslim law within Marriages and Divorces Registration Act that a couple may register a divorce when it is in the jurisdiction of the section 6 of this Act. When a notice is served and registered within the law specified, a legal divorce is possible and will be executed by the local authorities. However, Hindu family laws prohibit divorce proceedings for all circumstances even if the decision to seek a divorce is mutual between both parties. In contract to these laws, the Hindu Marriage Act does give the right for both husband and wife to go to the courts and seek dissolution of the relationship.

Section 13 of the Hindu Marriage Act provides grounds for divorce when cruelty, infidelity, desertion, insanity or irredeemable illness and other issues arise. Section 12 has a provision for a wife when the husband is impotent and cannot father children. Other sections are similar to other countries where if the wife was married before fifteen, she may repudiate the relationship after fifteen but before eighteen years of age. Utilizing these sections may cause issues within the family, but they are a right through the local laws inside Bangladesh.

2. The Problems in Divorce Law in Bangladesh

The possibilities of a woman divorcing a man in Bangladesh are limited, and when they are in a Hindu family, the family laws prohibit the action entirely. This is unfair and adjusting with the modern world is necessary to keep up with the changing thoughts, morals and ideas of society. There are certain other alternatives such as the Special Marriage Act that covers some marriages. When certain clauses have been violated, a marriage may be declared null or could be dissolved through the conditions of this Act. However, for a Hindu wife to take advantage of this, she may need to remove herself from the religion.

There is a Divorce Act established in 1869 which permits the dissolution of marriage, a nullity of marriage and judicial separation. These are all permitted to every citizen in Bangladesh. However, the spouses must understand what these mean, how to proceed and that the Act exists. Without knowing there are alternatives, it is not possible to take advantage of them when there are few other ways of doing so for the wife.

3. Legal Divorce in Bangladesh

For those that have few alternatives to seeking a divorce or dissolution of a marriage, it is important to hire a lawyer to help with these procedures. A legal representative may find an Act or other law that could apply to the situation to seek a legal divorce and ensure the marriage is dissolved without violating the law.

Author: HG.org