Question:
What is the process of divorce in Bangladesh if the marriage has not been consummated and there is no Kabinnama, only a verbal or informal agreement?
Answer:
In Bangladesh, the process of divorce depends on the type of marriage and the steps taken to formalize it. If a Kabinnama (marriage contract) was not completed or registered, the legal standing of the marriage may vary. Here’s what you need to know:
1. Check the Legal Validity of the Marriage:
- For a Muslim marriage: A marriage is considered valid if both parties gave consent, and the agreement was made in the presence of witnesses. Registration of the Kabinnama is mandatory under the Muslim Marriage and Divorce (Registration) Act, 1974, but failure to register does not automatically invalidate the marriage.
- For other religions: Legal formalities vary. Consult the respective marriage laws for Hindus, Christians, or others.
If the marriage is legally valid, the divorce process must follow the proper legal steps.
2. Process of Divorce in an Unconsummated Marriage:
If the marriage is valid but not consummated, the procedure is as follows:
- For Muslims:
- The husband can pronounce Talaq (divorce) by following the rules under the Muslim Family Laws Ordinance, 1961. He must:
- Issue a written notice to the local Union Parishad Chairman.
- Serve a copy of the notice to the wife.
- A 90-day waiting period applies before the divorce becomes final.
- If the wife initiates divorce (Khula), mutual consent or a court petition may be required.
- The husband can pronounce Talaq (divorce) by following the rules under the Muslim Family Laws Ordinance, 1961. He must:
- For Hindus:
Divorce laws are restrictive. Consult the Hindu Marriage Act, 2012, or seek court intervention if applicable. - For Christians:
File a petition under the Divorce Act, 1869 with valid grounds like cruelty or mutual consent.
3. If the Marriage Is Not Legally Valid:
If the Kabinnama was never executed, and there is no formal marriage record, the marriage may not be legally binding. You can treat it as null and void under relevant legal provisions. For Muslims, the Dissolution of Muslim Marriages Act, 1939, allows for annulment in specific cases.
4. Additional Considerations:
- Mahr (Dower): If a dower was agreed upon but not paid, the wife can claim it unless waived explicitly.
- Mutual Agreement: Both parties can agree to annul the marriage without legal proceedings if no formal marriage exists.
- Legal Documentation: Ensure all steps are documented properly to avoid disputes in the future.
Consult a lawyer to review your case and provide guidance tailored to your religion and circumstances.