Question:
If my wife has divorced me secretly, will the divorce be effective after 90 days if no notice is given? She is staying at her father’s house due to some disagreements with me. I suspect my in-laws may be involved in this. What should I do?
Answer:
In Bangladesh, under Islamic law and Bangladeshi family law, a divorce (Talaq) that occurs secretly without notice to the husband is not valid unless proper legal procedures are followed. Here’s what you need to know and do:
- Validity of Divorce: If your wife has divorced you secretly without informing you, then it is not valid unless you are officially notified. In the case of a Talaq (Islamic divorce), the husband must be informed, and it must follow the correct procedures as per Islamic law and the Family Courts Ordinance. The 90-day waiting period (iddah) is meant to allow the wife to confirm whether she is pregnant, and for reconciliation purposes. If you were not informed, the divorce is not valid unless officially acknowledged and recognized by both parties.
- Notification Requirement: In the case of a Talaq (Islamic divorce), the husband has to pronounce the divorce and inform the wife and any relevant authorities. If this was not done, the divorce is not considered legally binding. The waiting period (iddah) is only relevant if you were officially informed.
- Involvement of In-Laws: Your in-laws cannot initiate or finalize the divorce unless it follows the legal procedure. If they are trying to act on your behalf or without your consent, you need to ensure that the divorce process is done properly.
- Next Steps:
- Confirm the Divorce: Ask your wife directly if she has filed for divorce or has pronounced it. If she has, ask for the relevant documents and confirmation.
- Legal Action: If she has filed for divorce without your consent or knowledge, you can petition the family court for clarification and potentially contest the divorce if you were not informed. In such cases, the court can intervene to ensure your rights are protected.
- Mediation: If the disagreement is minor, consider family mediation or counseling to resolve the issues amicably.
- Consult a Lawyer: It’s important to consult with a family lawyer to understand your legal position and ensure that the divorce is valid under Bangladeshi law.