Divorce is one of the most challenging legal processes a person can face. In Bangladesh, divorce law is governed by different legislation depending on the religion of the parties. This article provides an overview of the key frameworks.
Divorce Under Muslim Law
For Muslim citizens, divorce is governed primarily by the Muslim Family Laws Ordinance 1961 and the Dissolution of Muslim Marriages Act 1939.
A husband may divorce his wife by pronouncing talaq (divorce). However, under the 1961 Ordinance, the pronouncement does not take legal effect immediately. The divorcing party must:
- Send written notice to the Chairman of the relevant Union Parishad / City Corporation.
- Send a copy to the other spouse.
- Wait 90 days from the date the notice is received. During this time, an Arbitration Council attempts reconciliation.
If reconciliation fails, the divorce takes effect at the end of the 90-day period.
A wife may also obtain a divorce in the following ways:
- Khula — through mutual agreement, typically with return of the dower (mahr)
- Judicial divorce — under the 1939 Act, on grounds including cruelty, desertion, failure to maintain, imprisonment, and impotency
Divorce Under Hindu Law
Hindu divorce in Bangladesh is more complex. There is no specific statutory divorce law for Hindus in Bangladesh (the Hindu Marriage Act that applies in India does not apply here). As a result, many Hindu couples have relied on customary practices or seek declarations in civil courts.
Child Custody
In divorce proceedings, child custody is determined by the Guardians and Wards Act 1890. The court’s primary consideration is the welfare of the child. For children under seven (or girls before puberty), there is a general preference for the mother to have custody, but this can be overridden if the child’s welfare demands otherwise.
Maintenance
A divorced wife is entitled to maintenance during the waiting period (iddat) following divorce. The Family Court has jurisdiction to hear maintenance claims.
Getting Legal Advice
Divorce proceedings are complex and emotionally difficult. We strongly recommend consulting an experienced family law advocate before taking any steps. S Hossain & Associates has extensive experience in family law matters and can provide confidential, professional advice.
Contact us at [email protected] or call +880 1770-295000 to schedule a consultation.