Divorce is a sensitive legal matter that brings significant emotional and financial challenges to both parties. In Bangladesh, the legal process for divorce follows specific laws and procedures that individuals must be aware of before initiating the process. This guide will provide an overview of the divorce law in Bangladesh, outlining the key steps and legal aspects involved.
1. Types of Divorce in Bangladesh
In Bangladesh, divorce laws vary depending on religious affiliations, but the most common forms of divorce are:
- Muslim Divorce: Governed by Muslim Family Laws Ordinance, 1961.
- Hindu Divorce: Governed by the Hindu Marriage Act, 2017.
- Christian Divorce: Governed by the Divorce Act, 1869.
- Civil Divorce: Under the Special Marriage Act, 1872.
This article will focus on the Muslim divorce process, the most widely used in Bangladesh.
2. Grounds for Divorce in Bangladesh
For a divorce to be valid, there must be valid reasons or grounds for divorce. In Bangladesh, these grounds are typically:
- Adultery: One spouse being involved in extramarital relations.
- Cruelty or domestic violence: Physical or mental abuse that makes cohabitation unbearable.
- Desertion: If one spouse abandons the other for a specific period (usually more than two years).
- Incompatibility or irreconcilable differences: When both parties agree they cannot live together anymore.
- Mental illness or incapacity: If one spouse becomes mentally unstable or unable to carry out responsibilities.
3. Initiating the Divorce Process
The divorce process in Bangladesh involves a few crucial steps, beginning with a notice of intention to divorce:
Step 1: Sending Notice to Union Council
The party seeking a divorce (usually the husband in Muslim law) must provide written notice of their intention to divorce the other party. This notice must be submitted to the Chairman of the local Union Council, who will notify the spouse about the divorce. A copy is also sent to the spouse.
Step 2: Arbitration Meetings
After receiving the notice, the Union Council will arrange arbitration meetings. The goal of these meetings is to facilitate reconciliation between the couple. The law mandates a waiting period of 90 days, during which both parties must attend these sessions. If the couple reconciles, the divorce process stops.
Step 3: Completion of Divorce
If no reconciliation is reached after 90 days, the divorce becomes effective. The Union Council then issues a divorce certificate. However, it is important to note that divorce is not recognized until the required registration is completed.
4. Post-Divorce Financial Matters
After a divorce is finalized, several financial matters must be settled:
- Dower (Mahr): This is the amount agreed upon at the time of marriage that must be paid to the wife in case of divorce.
- Maintenance (Nafaqah): A divorced wife is entitled to maintenance during the iddat period (a 3-month waiting period after divorce).
- Child Custody: If the couple has children, the custody and maintenance of the children will be decided by the family court.
5. Role of Family Courts
In cases where disputes arise over financial settlements, child custody, or maintenance, the family court has jurisdiction. Either party can file cases with the family court, and the court will make legally binding decisions based on the facts of the case.
6. Revocable and Irrevocable Divorce
In Bangladesh, divorce can be classified into two categories:
- Revocable Divorce (Talaq-e-Raj’i): The husband has the right to revoke the divorce during the iddat period without needing to remarry the wife.
- Irrevocable Divorce (Talaq-e-Ba’in): Once the iddat period is over, or in cases where the divorce is irrevocable (e.g., a third divorce after two prior reconciliations), the couple must remarry if they wish to reconcile.
7. Divorce by Mutual Consent
Bangladesh also allows divorce by mutual consent, known as Mubarat in Muslim law. Both parties agree to dissolve the marriage in such cases, and the process is generally simpler. Both spouses sign a mutual consent agreement, which is then submitted to the Union Council.
8. Legal Representation
It is advisable to seek the services of a qualified divorce lawyer to guide you through the legal complexities. A lawyer can ensure that all procedures are followed correctly, assist in dispute resolution, and protect your rights.
Conclusion
The legal process for divorce in Bangladesh is structured to allow for reconciliation but also provides clear steps for couples who wish to end their marriage. Understanding your rights, the required legal steps, and post-divorce obligations is crucial to navigating this challenging time. Always consult legal professionals for personalized advice and representation to ensure a fair and just process.
