Divorce is the legal process of dissolution of marriage and can be obtained by adhering to certain rules. This article discusses these regulations in Bangladesh for people of all religions.
Husbands may give divorce by filing a declaration during the period of tuhr (purity between menstruations cycles). He must then send a copy to the chairman of Union Parishad and refrain from intercourse until its termination.
Mubarat
Mubarat, or mutual consent divorce, involves both husband and wife seeking separation by mutual agreement and desire. Once an offer of separation has been accepted by one party or the other, divorce becomes irreversible and an Iddat period must be observed before finalizing proceedings.
Divorce Law in Bangladesh can be complex, especially when different religious laws apply. That’s why finding an experienced and qualified family law practitioner to assist is critical – one who specializes in family law will understand all applicable religious regulations as well as procedures which could impact your case.
Under Islamic Law, marriage is not an insoluble bond and may be broken off on any of four grounds for divorce known as Talaq:
Khula
Khula is an Islamic form of divorce in which both parties mutually express their desire for its dissolution. This process can be initiated due to various circumstances such as cruelty or abuse, incompatibility or lack of financial support; alternatively it can even be initiated by one spouse; if accepted by their wife she must forego her dowry or mahr before filing the necessary court petitions to end the marriage.
Islam takes a strict stance when it comes to divorce; however, certain grounds exist on which divorce can be granted. Physical or emotional abuse from either spouse could constitute grounds for khula. Also incompatibility could be grounds for divorce – especially when one partner feels unhappy in her marriage.
Khula can also be justified on grounds related to husband infidelity or adultery, though this will not terminate his obligations to support his wife; rather it only ends his rights to their property.
Understanding the difference between Khula and regular divorce proceedings in Bangladesh is essential for making informed decisions about which option will work best in your situation. Both types can be filed by either party but each type entails different procedures and requirements that a lawyer can help explain to you.
Ila
Divorce is the legal process that dissolves a marriage between two partners and can be accomplished either through mutual consent, mubarat/khula ceremonies or pronouncing talaq from one spouse to the other. Before considering divorce as an option it’s essential that one understands all applicable laws and procedures involved, as well as types available within Bangladeshi society that differ between themselves. Below is a breakdown of different forms of divorce in Bangladesh with information on each.
The first form of divorce, called Talaq-i-tafweez, involves the husband pronouncing the word talaq upon his wife in front of at least two witnesses and receiving an annulment certificate subsequently. Iddat must still be completed to finalize this type of separation agreement.
Divorce can also be obtained by declaring lian, in which one spouse accuses their partner of adultery by swearing an oath before God and her. Her response can then be accepted or denied before taking an oath in front of both, all with this being enough for the court to declare separation and declare divorce pending legal confirmation of one party’s position.
Even with this motivation in place, many women remain reluctant to divorce due to social stigma associated with divorce and losing custody of children and property. This is particularly true of working women who may find it hard to find employment after divorce; without access to their own income sources it will become hard for them to pay bills while searching for new living quarters.
Iddat
Islamic personal law refers to divorce as “iddat”, consisting of a declaration made by either spouse during periods of purity such as between menstruations cycles. If either party objects after declaring divorce, either may withdraw this action at any time; its cancellation can only be reversed through mutual consent and reinstatement of sexual activity before its end results in its reversal.
Muslim women who were pregnant when their marriage ended are entitled to maintenance from their husband until either childbirth occurred, or until iddat expired; however, any previous maintenance paid may no longer be claimed back after expiry of iddat.
In Bangladesh, fathers serve as natural guardians to their sons until they reach age seven; similarly, mothers take on that responsibility with regards to their daughters until she turns eighteen years old. Even after divorce occurs, either party remains responsible for providing support.
Dissolution of marriage is an important decision in family life and those considering this option should consult with an experienced lawyer prior to moving forward. Different religions have differing viewpoints on marriage and divorce laws; therefore it’s essential that you find someone familiar with them for best results.