MARRIAGE and DIVORCE IN BANGLADESH: EVERYTHING YOU NEED TO KNOW
Muslim marriage law in bangladesh and Divorce
We have detailed the Muslim Hindu Divorce process and cost in Bangladesh in this article.
Marriage is described as a lawful compact in Muslim Law that binds a man and a woman, resulting in the validation of all rights and duties, as well as the parties’ consent. Marriage is defined as a “civil nature contract.” However, Bangladesh has progressed toward secularism, with distinct marriage systems based on different religions. Regardless of the requirements for marriage in various religions, people of all faiths can simply register their marriage under the provisions of the Special Marriage Act, 1872.
Muslim Marriage Process and bangladesh marriage rules:
The following are the necessary conditions for a lawful Muslim marriage:
The presence of at least two witnesses is required, and female witnesses will be considered as 1 male equals 2 female.
The partners to the marriage must be Muslim or kitabia, of sound mind, and of legal age. According to the Child Marriages Restraint Act of 2017, the female or bride must be 18 years old, and the male or groom must be 21 years old.
The marriage must be registered under the Muslim Family Laws Ordinance 1961.
Both parties must provide their permission freely and voluntarily.
Dower money or ‘Denmahar’ must be decided by the guardian of the parties or the parties to the marriage.
Fees for Marriage Registration:
There is no marriage tax bangladesh but the government has established marriage registration costs that are consistent with dower money, such as:
- For each BDT 1000/= (One Thousand Taka) of dower money, the cost is BDT 12.50/= (Twelve Taka and Fifty Paisa).
- For each BDT 1,00,000/= (One Lac Taka) of dower money, the cost is BDT 1250/= (One Thousand Two Hundred and Fifty Taka).
- After BDT 4,00,000/= (Four Lac Taka) of dower money, the charge is BDT 100/= (One Hundred Taka).
INTERFAITH Marriages in Bangladesh
The Special Marriages Act of 1872 recognizes marriages between people of various religions.
It is stated in the Act that marriages may be celebrated under this Act between persons who do not profess the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh, or Jaina religions, or between persons who do profess one or more of the following religions, namely the Hindu, Buddhist, Sikh, or Jaina religions, subject to the following conditions:
(1) Neither partner must have a live husband or wife at the time of the marriage:
(2) The man must have reached the age of eighteen, and the lady must have reached the age of fourteen, according to the Gregorian calendar:
(3) Each party must have gained the approval of his or her father or guardian to the marriage if he or she has not reached the age of twenty-one years:
(4) The parties must not be related to each other in any degree of consanguinity or affinity that would render a marriage between them invalid under any legislation to which each of them is subject.
Divorce law in bangladesh-
NOTICE PRIOR TO MARRIAGE
One of the parties must send written notification to the Registrar in advance of the marriage. The Registrar to whom such notice is provided must be the Registrar of a district in which one of the parties to the marriage has resided for at least fourteen days prior to the date of such notification.
APPLY FOR A DECLARATION FORM:
Before the marriage is solemnized, the parties and three witnesses must sign a declaration in the form prescribed in the second schedule to the Special Marriage Act of 1872 in the presence of the Registrar. If either partner is under the age of twenty-one, the declaration must also be signed by his or her father or guardian, unless the person is a widow, and it must always be countersigned by the Registrar.
DIVORCE PROCESS IN BANGLADESH:
Divorce, in general, refers to one of the legal dissolutions of material bonds between people who meet the legal requirements.
The provisions of the Muslim Family Law Ordinance, 1961 state that-
(1) Notice to Chairman: Any man who desires to divorce his wife must notify the Chairman in writing of his intention to do so as soon as possible after the pronouncement of Talaq in any form whatever, and must provide a copy to the wife.
(2) Penalty for Default: Anyone who violates the terms of sub-section (1) is punishable by simple imprisonment for a term of up to one year or a fine of up to ten thousand taka, or both.
(3) Iddat Period: Except as stipulated in sub-section (5), a Talaq shall be effective until the expiration of ninety days from the day on which notification under sub-section (1) is sent to the Chairman, unless withdrawn earlier, expressly or otherwise.
(4) Formation of Arbitration Council: Within thirty days of receiving notice under sub-section (1), the Chairman shall convene an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to accomplish this.
(5) Pregnancy: If the wife is pregnant at the time Talaq is pronounced, Talaq will be ineffective until the term specified in sub-section (3) or the pregnancy, whichever comes first, expires.
(6) Re-marriage of Wife: Nothing in this section prohibits a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband without an intervening marriage with a third-person, unless such termination is for the third time such termination is effective.
DIVORCE by Wife in Bangladesh:
According to the Muslim Family Laws Ordinance, 1961, where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage other than through Talaq, the provisions of Talaq shall apply, mutatis mutandis and to the extent applicable.
On the other hand, it is also stated in the Dissolution of Muslim Marriages Act of 1939 that-
A woman married under Muslim law has the right to request a decree for the dissolution of her marriage on any of the following grounds:
that the husband’s whereabouts have been unknown for four years; that the husband has neglected or failed to provide for her maintenance for two years; that the husband has been sentenced to imprisonment for a period of seven years or more; that the husband has failed to perform, without reasonable cause, his marital obligations for three years; that the husband was impotent at the time of the marriage and continues to be Provided, however, that the marriage has not been consummated; and that the husband treats her with cruelty, that is,
(a) habitually assaults her or makes her life miserable by cruel conduct, even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it
Provided, however, that (a) no decree shall be passed on ground (iii) until the sentence has become final; (b) a decree passed on ground (i) shall not take effect for six months from the date of such decree, and if the husband appears within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c) before passing a decree on ground (v), the C
Hindu MARRIAGES and Hindu Divorce in Bangladesh:
There is no explicit rule in Bangladesh governing the termination of Hindu marriages. Hindus regard their marriage as a holy union that creates a divine bond that cannot be broken.
Nonetheless, divorce in Hindu marriage is feasible and occurs. However, a Hindu married woman may exercise this right only if she is virtuous and has not changed her religion, or if she obtains the right with adequate cause to comply with a ruling of a competent Court for the return of conjugal rights.
According to the terms of THE HINDU MARRIED WOMEN’S RIGHT TO SEPARATE RESIDENCE AND support ACT, 1946, a Hindu married woman can seek separation from her husband and apply for support from him if she meets certain criteria, which are as follows:
- If he has a dreadful ailment that he did not get from her;
- If he is cruel to her in such a way that it is unsafe or undesirable for her to live with him;
- If he is found to be guilty of desertion, that is, abandoning her without her consent or against her will;
- If he marries once more;
- If he abandons Hinduism and converts to another religion;
- If he keeps a concubine in the house or lives with a concubine on a regular basis;
- For any other legitimate reason.
CHRISTIAN MARRIAGE DISSOLUTION
According to the Divorce Act of 1869, it is stated that-
Any husband may petition the District Court or the High Court Division to dissolve his marriage on the grounds that his wife has committed adultery since the marriage was solemnized.
Any wife may ask the District Court or the High Court Division to dissolve her marriage if her husband has swapped his Christian profession for another religion and entered into a form of marriage with another woman;
- Or has committed incestuous adultery,
- Or of bigamy coupled with adultery,
- Or of adultery in marriage to another woman,
- Or of rape, sodomy, or bestiality, for that matter.
- Or of adultery mixed with such cruelty that, in the absence of adultery, she would have been entitled to a divorce mensa et toro,
- Or of adultery and desertion without good justification for two years or more.
Following that, a district judge may issue a decree for divorce nisi, subject to confirmation by the High Court Division. If any of the following situations exist, either the District Judge Court or the High Court may issue a decree of nullity of marriage:
(i) that one of the parties is impotent;
(ii) that the parties have a prohibited degree of consanguinity or affinity;
(iii) that either party was insane at the time of marriage; and
(iv) that either party’s former husband or wife was living at the time of marriage, and such marriage was then in force.
Tahmidur Rahman Remura Wahid (TRW) PROVIDES LEGAL ADVICE ON MARRIAGE AND DIVORCE:
Tahmidur Rahman Remura Wahid’s Barristers, Advocates, and Lawyers in Gulshan, Dhaka, Bangladesh have extensive experience dealing with marriage, divorce, and alimony. It has expertise consulting and aiding countless overseas clients with utmost care and attention throughout their legal challenges, in addition to resolving various matters linked to marriage and divorce among domestic clients on a regular basis. Please contact us at: for questions or legal assistance.
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