Divorce Laws and Procedures for Muslims in Bangladesh

P.M. SERAJUL ISLAM:

Divorce is the only legal way for terminating a Marriage other than act of God having its wide impact for a long sometimes even for life of not only the concern parties but the peoples connected with the immediate-past family. Simply divorce gives birth of many issues mostly legal issues consequently legal proceedings in different courts and the divorce lawyers/ divorce attorneys are the faithful and confident friend to the peoples for safe way out from such complications. In Bangladesh at the present days divorce has its non-comparable proposition for either side of the separating couples which is not an outcome of the law or rules for Divorce itself but for some irrelevant issues.

Under the Islamic laws of Bangladesh, there are two types of divorces applicable.  First-Judicial Divorce, Second- Extra-Judicial Divorce. Extra-Judicial Divorces are the basically husbands Power, wife’s Power, Mutual Consent and Other Processes.

Basically provision and laws in matter to divorces for Muslims in Bangladesh are follows:

1. Muslim Family Law Ordinance, 1961, 2. Dissolution of Muslim Marriage Act, 1939, 3. The Family Courts Ordinance, 1985, 4. The Muslim Marriages and Divorces (Registration) Act, 1974.

Now find out Step by Step Divorce Procedure for Muslim Husbands in Bangladesh.

The Muslim Family Laws Ordinance, 1961 under section 7, a husband may divorce his wife.  The First Step is pronouncing talaq. A husband who wishes to divorce may verbally pronounce Talaq to his wife. Soon after the pronouncement, a written notice to the chairman of union Parishad or Mayor of Pourosova or mayor of city corporation or any other authorized officer shall be given. Also, a copy of this notice shall be given to the wife. After that, the chairman shall constitute an arbitration council within 30 days of the notice attempting to settle between the parties and take all other necessary steps for settlement. If settlement fails then the divorce will become effective after the ‘iddat’ period, which is 3 months. These 3 months shall be completed for talaq to become effective. In case the Wife is pregnant at the time of Talaq, the divorce will only commence after the pregnancy.

Now let us know the divorce on behalf of the wife. According to section 8 of the Muslim Family Laws Ordinance, 1961, if the wife gets right to divorce by delegation, she may exercise such right in the same manner as the husband (The Muslim Family Laws Ordinance, 1961 Under section 7) so far applicable.

Moreover, Under the Dissolution of Muslim Marriages Act, 1939 a wife shall be entitled to obtain a decree for dissolution of her marriage under Section 2 of the Act. The grounds for a decree for dissolution of marriage under this section are as follows:

• If the husband has been missing or not found for four years
• If for 2 years the husband has failed to provide his wife maintenance.
• If the husband has been sentenced to or jailed for 7 years or more
• If the husband has failed to perform a marital obligation for 3 years or more
• If the husband was powerless or continue to be so.
• If the husband has failed to fulfill married responsibility for 3 years or more
• If the for period of 2 years the husband has been insane and suffering from any other critical diseases
• If the wife was been married off before the age of 18 years and she refuses the marriage before achieving 19 years of age.
• If the wife is being treated with nastiness by her husband which includes:
• Habitual assault or physical torture, b. leading an immoral life, c. forces the wife to lead an immoral life; d. disposes of wife from her property, e. obstructing her in performing religious activities, f. does not treat his wife equally like the other wives (If the husband has several wives) Or any other ground as provided in Muslim Law.

Moreover, The Muslim Marriages and Divorces (Registration) Act, 1974 mentions about registrations of Muslim marriage and divorce. As per section 6 of the Act, A registrar may register a divorce under Muslim Law on the application being made to him for registration.

In addition to this, when a wife has delegated the power to divorce her husband (Talaq-i-Tawfid), proof of such delegation shall be produced to the Registrar to register this type of divorce.

The writer is PhD researcher, columnist, human rights activist, and lawyer of Bangladesh supreme court, E-mail: seraj.pramanik@gmail.com,