Question:
I have been married for a year, but due to some problems with my husband, my wife does not want to start a family. What is the complete process of divorce in Bangladesh? Thank you.
Answer:
Divorce in Bangladesh follows legal procedures outlined in the Muslim Family Laws Ordinance, 1961, and other relevant laws for different communities. Here’s how you can proceed:
1. Initiate Divorce (Talaq for Husband, Khula for Wife):
- For the Husband:
- The husband can unilaterally initiate divorce by declaring Talaq (divorce) in writing.
- Talaq Notice: A written notice of divorce must be given to the wife, and it is advised to be registered in the local union council for legal confirmation.
- The divorce is effective immediately, but there is a mandatory waiting period (Iddat) of three menstrual cycles or 3 months before finalizing the divorce.
- For the Wife (Khula):
- If the wife wants a divorce, she must apply for Khula (a divorce initiated by the wife) through the family court.
- The court will examine the case, and if both parties agree, it can be granted. If there is no agreement, the wife may need to prove harm, mistreatment, or the husband’s inability to fulfill his duties.
- The wife may also have to return her mahr (dower) or negotiate a financial settlement as part of the Khula process.
2. File for Divorce in Court (if Necessary):
- If both parties agree to divorce, it can be processed quickly. However, if there is a dispute over issues like property or children, a formal case will be filed in the family court.
- The court will hear both sides and pass a decree of divorce once all issues are settled.
3. Post-Divorce Procedures:
- Iddat Period: After a divorce, the wife must observe the Iddat period to ensure she is not pregnant. This period is 3 months or 3 menstrual cycles.
- Mahr (Dower): If not paid, the husband is obligated to pay the agreed amount of mahr.
- Maintenance: If the wife is entitled to maintenance, she can claim it during and after the divorce process.
- Custody of Children: If there are children, custody will be decided according to the welfare of the child, typically giving the mother custody unless otherwise determined by the court.