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Divorce Rules in Bangladesh

Question

What are the rules and procedures for divorce in Bangladesh, especially considering a marriage that has lasted only 7 months?

Answer

Divorce in Bangladesh is governed by specific laws and procedures that can vary based on the type of marriage. Here’s an overview of the key rules and steps to consider:

  • Types of Marriage:
    • Muslim Marriage: Governed by the Muslim Family Laws Ordinance, 1961.
    • Hindu Marriage: Governed by the Hindu Marriage Act, 1955.
    • Civil Marriage: Governed by the Special Marriage Act, 1872.
  • Grounds for Divorce:
    • Different grounds for divorce exist depending on the type of marriage. Common grounds include:
      • Mutual Consent: Both spouses agree to the divorce.
      • Cruelty: Physical or mental abuse by one spouse.
      • Desertion: One spouse leaves the other without consent for an extended period.
      • Incompatibility: General unhappiness or inability to live together.
  • Procedures for Divorce:
    • For Muslim Couples:
      • Talaq: The husband can initiate divorce by pronouncing “Talaq.” After three pronouncements (separated by 30 days each), the divorce is finalized.
      • Mutual Consent: Both parties can file for divorce together through a Family Court.
    • For Hindu Couples:
      • Mutual Consent: Both parties can file for divorce together under Section 13B of the Hindu Marriage Act after living separately for one year.
      • Contested Divorce: If one party does not agree, the other can file for a contested divorce under Section 13.
    • For Civil Marriages:
      • Mutual Consent: A joint petition can be filed under Section 28 of the Special Marriage Act.
      • Contested Divorce: If mutual consent is not possible, a petition can be filed under Section 27.
  • Required Documentation:
    • Collect all necessary documents, including:
      • Marriage certificate.
      • Identification documents (e.g., national ID, birth certificates).
      • Evidence supporting grounds for divorce (if contested).
  • Filing for Divorce:
    • Approach the relevant Family Court or appropriate legal authority based on your marriage type.
    • Submit the required documentation along with the divorce petition.
    • Pay the necessary court fees.
  • Mediation:
    • Courts often encourage mediation to resolve disputes amicably before proceeding with the divorce.
  • Waiting Period:
    • After filing, there may be a waiting period during which reconciliation efforts will be attempted, particularly in Muslim marriages.
  • Legal Assistance:
    • It is advisable to consult with a lawyer who specializes in family law to navigate the divorce process effectively and protect your rights.