Question:
I issued a divorce to my wife, and 120 days have passed since serving the notices. When I went to the Kazi office to collect the divorce certificate, the Kazi said my wife hasn’t signed it yet, so the certificate cannot be issued. Can I claim that the divorce is finalized? Can I change my marital status in my passport without the certificate?
Answer:
In Bangladesh, a divorce becomes effective after the mandatory 90-day period from the date of the first notice to the Kazi office, as per Section 7 of the Muslim Family Laws Ordinance, 1961. The wife’s signature on the divorce certificate is not legally required to finalize the divorce. The certificate is issued to confirm the legal proceedings and make it easier to update official documents.
If 120 days have passed, and the required notices were served, the divorce is deemed finalized. You can request the Kazi office to issue the divorce certificate as the wife’s refusal to sign does not invalidate the divorce. If the Kazi refuses, you can approach the local union council or file a complaint with the relevant family court for assistance.
For passport updates, the divorce certificate is usually required as evidence. If you urgently need to change your marital status, consult with a lawyer to explore if an affidavit confirming the divorce can temporarily suffice.