ROLE OF ARBITRATION COUNCIL IN DIVORCE PROCEEDINGS IN BANGLADESH

Under the Muslim Family Law Ordinance 1961 when a muslim in Bangladesh wishes to divorce he or she shall have to serve a notice of divorce under section 7(1) of Muslim Family Law Ordinance 1961 to his or her spouse and to the chairman arbitration council. In union council the chairman of arbitration council shall be the chairman of union council, in municipality or city corporation area Mayor shall be the chairman of arbitration council. In city corporation area the mayors delegate the power and role of chairman arbitration council to the relevant Regional Executive officee who is a deputy secretary of the government. The arbitration council is provided secretarial service by social welfare department of city corporation or municipality council. The arbitration council has the authority to issue notice on both the spouse for attending arbitration proceedings. If the parties attend the proceedings, the social welfare officer shall try to convinced both the parties to withdraw divorce. If any spouse wish to withdraw divorce then he shall make an application to the arbitration council and arbitration council after recording the statements of the parties shall order the withdraw of divorce under the prevailing law. The arbitration council does not have any authority to force the parties to attend arbitration proceeding. Under the prevailing social situation the role and power of arbitration council is required to be reviewed and Government may consider to appoint family court judges as chairman of arbitration council. 

Author

Barrister Md. Sanwar Hossain
Advocate
Supreme Court of Bangladesh
sanwar@shossainandassociates.com
Dhaka, Bangladesh
S Hossain and Associates