Muslim Divorce Procedure in Bangladesh
PROCEDURE FOR MUSLIM DIVORCE in Bangladesh:
Clients usually inquire about the Muslim divorce procedure in Dhaka, Bangladesh, How to File a Divorce in Bangladesh, and Divorce Lawyers in Dhaka. People also wish to know the cost and duration of the Muslim divorce procedure in Bangladesh. This essay will concentrate on the simplest Muslim Divorce Procedure in Dhaka, Bangladesh.
Muslim Divorce or Talaq in Islam
Under the Muslim Family Law Ordinance, 1961 (MFLO), there are two categories of Muslim divorce:
There are numerous sorts of divorce under basic Muslim law. However, according to Bangladeshi law, there are two sorts of divorce.
Notice of Divorce or Talaq:
One-sided divorce is another term for divorce by notice. The consent of the divorce notice receiver is not required to give a Divorce or Talaq by notice. In this instance, one of the parties may not have agreed to the divorce.
In an amicable divorce, both spouses have agreed to the divorce. Because both spouses are aware of the divorce, the notice requirement is waived.
Divorce Procedure | Divorce by Notice or One-sided Talaq
In accordance with Section 7 of the MFLO and in practice, when a person grants a one-sided divorce, he or she does the following:
- The person must serve divorce papers on the opposing party, i.e. the husband or wife, as well as the concerned city corporation or chairman.
- The individual must sign and place his or her thumb impression on the marriage registrar’s notices and book.
- Two male witnesses will sign the marriage registrar’s book notifications.
- The notices will be sent by registered mail.
- Following receipt of the notice, the office of the concerned city corporation will send the husband and wife three (3) notices in three (3) months.
- To address the conflict between husband and wife, the city corporation will organize an arbitration council.
- If no party attends or a resolution is not possible, the city corporation will issue an order sheet.
- The marriage registrar will then issue a divorce certificate.
Divorce procedure default penalty:
In violation of the above-mentioned divorce procedure, a person may be sentenced to simple imprisonment for a term of up to one year, a fine of up to ten thousand taka, or both.
Mutual Divorce Procedure | Muslim Divorce Procedure in Bangladesh
In accordance with Section 8 of the MFLO and in practice, when a person grants a mutual divorce, he or she must do the following: In practice, both the husband and the wife make the decision to divorce. The husband and wife, as well as two (two) witnesses, sign in the marriage registrar’s book. Before deciding to divorce, the parties usually sign an agreement outlining their agreed-upon terms and conditions. The parties typically agree on the dower money and the upkeep of the wife and kid (if any). Notice is not necessary because the parties are aware of each other’s decision and there is a low likelihood of resolution.
Procedure for Divorce During Pregnancy:
If the woman is pregnant at the time the divorce or Talaq is granted. Divorce will not be finalized until 90 days from the date of the notice or the end of the pregnancy, whichever comes first.
Divorce Procedure Documents:
The following documents are required to complete a divorce procedure:
- A photocopy of the kabinnama
- Copy of husband and wife’s NID (National Identification Number).
- Photocopy of two male witnesses’ NIDs (National Identification Numbers).
- If an affidavit is prepared by a lawyer, one photo is required.
Divorce Procedure Government Cost:
Marriages and Divorces (Regulation) Rules, 1975:
For divorce registration, a Nikah or Marriage Registrar must levy a cost of BDT 200 (two hundred). The marriage registrar may also charge a commission fee of BDT. 25 and a mileage fee of BDT. 1 (0NE) taka per mile. However, in practice, the Marriage Registrar charges many times the actual amount.
Hire TRW for help with your Divorce or Marriage in Bangladesh:
Tahmidur Rahman Remura Wahid law firm in Bangladesh provides legal advice on marriage and divorce, like how to get divorce in bangladesh, divorce process in bangladesh, mutual divorce procedure in bangladesh, how to file divorce in bangladesh etc.
TRW’s Barristers, Advocates, and Lawyers in Mohakhali DOHS, Dhaka, Bangladesh have extensive experience dealing with marriage, divorce, and alimony. It has experience consulting and assisting numerous international clients with utmost care and attention throughout their legal troubles, in addition to handling various issues related to marriage and divorce among domestic clients on a regular basis.
Please contact us at:
Phone: +8801847220062 | +8801779127165
Address: House 410, Road 29, Mohakhali DOHS, Dhaka.