Question:
Assalamu Alaikum, I wanted to know about the matter of divorce. If it is given by the girl, will the divorce be done as soon as the divorce is signed, if not immediately, how long does it take for the divorce to take effect? The marriage was forced against the girl’s will, but the family-relatives are forcing the girl not to want to have a family, how can the divorce be effected quickly?
Answer:
In Bangladesh, the process of divorce can take time, and the divorce does not become final immediately after it is signed. Here’s a breakdown of the process:
- Divorce by the Wife (Talaq or Khula)
- Talaq is when the husband initiates divorce, and it requires a formal process.
- Khula is a divorce initiated by the wife. The wife can file for Khula in the Family Court to get a divorce from her husband. In Khula, the wife typically has to return any dowry or monetary gifts received.
- If the divorce is amicable and both parties agree to it, the process might be quicker. But if there is disagreement or the husband refuses to grant divorce, it may take longer.
- Time for Divorce to Take Effect
- After the divorce (whether by Khula or Talaq), there is typically a waiting period (Iddah) for the wife. This is to ensure that she is not pregnant, and the purpose is to give time to reconsider reconciliation.
- The Iddah period usually lasts for three menstrual cycles or, if pregnant, until the birth of the child. During this period, the wife cannot remarry.
- How to Speed Up the Process
- If the marriage was forced against the girl’s will and she is determined to get divorced quickly, she can file a petition for Khula in the Family Court.
- If her family is pressuring her to stay in the marriage, she may need legal support to ensure her rights are protected.
- If the husband does not agree to the divorce, she can seek legal assistance to pursue a court order for divorce. A lawyer can help with the filing process and ensure the case is pursued in a timely manner.
- The Family Court may expedite the divorce if there are specific reasons like mistreatment, abuse, or forced marriage.
- Immediate Legal Steps
- If there are concerns for the girl’s safety or mental well-being due to the pressure from family or relatives, she can file for protection orders under the Domestic Violence Act.
- It’s crucial for the girl to consult with a family lawyer who can guide her through the steps and help her navigate the legal proceedings.