Question:
A known sister student of mine went to a Kazi office in February 2021 and got married to her lover. Her boyfriend left the marriage because she was going abroad, they didn’t even live together after their marriage. But after the brother went abroad, things gradually changed, the relationship became very bad. The girl has tried a lot to fix the relationship but it is not possible anymore. None of the family of the boy or girl knows about this marriage. If the girl’s family knows, her life will be messed up, extreme danger will come, and the girl’s family is very strict. Now both of them want to divorce. Can divorce be done without informing the family? Is there such a process? If the family knows, a lot of trouble will arise, and the area is also a matter of honor in the family. Please advise on how to proceed with the divorce without telling the family.
Answer:
In Bangladesh, the process of divorce and the disclosure of the divorce to family members depend on the legal procedures and cultural practices. Here’s a breakdown of how it works:
- Divorce Process:
- Under Muslim Family Laws, a divorce (Talaq) can be initiated by the husband or through a judicial process if mutual agreement is reached between the husband and wife. In your case, it seems like both parties want to divorce.
- If the husband is willing, he can initiate Talaq (unilateral divorce), which does not require informing the wife’s family.
- If both parties agree, a Mutual Divorce can be pursued through the court, where both spouses will need to petition for the divorce, which may involve some formalities and paperwork.
- Can Divorce be Done Without Informing Family?
- Legally, the divorce process does not require informing either party’s family. However, if the husband issues Talaq, it may be a private matter between the husband and wife.
- In case of a mutual divorce, both parties can go through the process without their families being involved unless it becomes necessary for legal documentation or if the parties decide to involve their families.
- In some cases, the court may allow confidential hearings for sensitive situations, ensuring privacy, though this depends on the court’s discretion.
- Risks of Not Informing the Family:
- Although the divorce can be legally processed without family involvement, there are risks and challenges. In the context of a strict family and societal expectations, there could be a possibility of pressure or emotional strain if the family finds out.
- It is advisable for the parties to be cautious and consider the cultural dynamics. If the family’s knowledge could lead to violence or significant distress, ensuring privacy during the divorce process is important.
- Steps to Proceed:
- Step 1: Consult with a lawyer to discuss the legal process and options. The lawyer can advise on whether a Talaq or a Mutual Divorce is more suitable and private.
- Step 2: If the family is not to be informed immediately, ensure that confidentiality is maintained during the proceedings. The lawyer can help ensure that personal details are not disclosed.
- Step 3: Complete the legal formalities required to finalize the divorce, such as filing the petition, submitting documents, and attending hearings.