Divorce and the Family Court Process in Bangladesh (Talaq, Khula and Maintenance)

A guide to divorce in Bangladesh: talaq under Section 7, khula, judicial dissolution, Family Court steps, denmohr, maintenance and child custody.

For Muslims, divorce is mainly governed by the Muslim Family Laws Ordinance, 1961, the Dissolution of Muslim Marriages Act, 1939 and the Family Courts Ordinance, 1985. Other communities follow their own personal laws.

Talaq (divorce by the husband)

Under Section 7 of the Muslim Family Laws Ordinance, 1961:

1. The husband must give written notice of talaq to the Chairman of the local Union Parishad or City Corporation and send a copy to the wife.
2. An Arbitration Council is formed to try to reconcile the couple.
3. Talaq generally takes effect after 90 days from the notice, unless revoked. If the wife is pregnant, it takes effect after the pregnancy ends.

A talaq pronounced without following this procedure does not comply with the law.

Khula and dissolution by the wife

• Khula is a divorce at the wife’s request, usually involving the return of some consideration, such as part of the dower, by agreement.
• Judicial dissolution can be sought under the 1939 Act on grounds such as failure to maintain for two years, cruelty, long absence or imprisonment of the husband.
• Delegated divorce: if the marriage contract (kabinnama) gives the wife the right to divorce, she may use it.

Family Court process

1. Filing a case in the Family Court of the area where the parties live or last lived together.
2. Pre-trial reconciliation is mandatory. The Court tries to settle the dispute.
3. Written statement, evidence and hearing if reconciliation fails.
4. Judgment and, if needed, appeal.

Family Courts hear cases on dissolution of marriage, dower (denmohr), maintenance, restitution of conjugal rights, and guardianship and custody of children.

Maintenance and children

A wife may claim maintenance during the marriage and during the iddat period in specified cases. Child custody and maintenance are decided based on the welfare of the child.

FAQ

Is registration of divorce required? Yes. Notice and registration with the local authority are part of the legal procedure.

Do Hindus and Christians follow the same rules? No. Each community follows its own personal law.

This article gives general information only and is not legal advice for any specific case.