Question
How many days after a divorce notice can the Kazi legally issue a copy? If a duplicate-signed divorce notice is issued one day, and a copy is provided the next day, is this legally correct? If the person who initiated the divorce withdraws it within 90 days, does the duplicate divorce remain effective?
Answer
Under Bangladeshi law, the process and timeline for finalizing and issuing divorce documents follow specific guidelines:
- Issuance of Divorce Copy: The Kazi typically issues a copy of the divorce notice after confirming the validity of the notice and parties’ intentions. Legally, this issuance is not immediate; certain procedural steps must be followed.
- Three-Month Waiting Period: After filing the divorce notice, a mandatory 90-day waiting period allows for potential reconciliation. If either party withdraws the divorce notice within this period, the divorce is considered void.
- Effect of Duplicate Divorce: If the divorce initiator withdraws within the 90-day period, the duplicate divorce notice also becomes invalid. Both original and duplicate copies lose legal effect upon withdrawal.
- Legal Requirements: For a divorce to be finalized, both the legal notice period and any procedural formalities must be strictly observed. Issuing a divorce copy immediately after filing may not fully adhere to the procedural requirements.