Advocate Seraj Pramanik

Under the Islamic laws of Bangladesh, there are two types of divorces applicable.  First-Judicial Divorce, Second- Extra-Judicial Divorce. Extra-Judicial Divorces are the basically husbands Power, wife’s Power, Mutual Consent and Other Processes.

Basically provision and laws in matter to divorces for Muslims in Bangladesh are 1. Muslim Family Law Ordinance, 1961, 2. Dissolution of Muslim Marriage Act, 1939, 3. The Family Courts Ordinance, 1985, 4.  The Muslim Marriages and Divorces (Registration) Act, 1974.  The Muslim Family Laws Ordinance, 1961 Under section 7, a husband may divorce his wife.

The First Step is pronouncing talaq. Soon after the pronouncement, a written notice to the chairman of union Parishad or Mayor of Pourosova or mayor of city corporation shall be given. Also, a copy of this notice shall be given to the wife. After that, the chairman or Mayor shall constitute an arbitration council within 30 days of the notice and attempting to settle between the parties and take all other necessary steps for settlement. If settlement fails then the divorce will become effective after the ‘iddat’ period, which is 3 months. These 3 months shall be completed for talaq to become effective. In case the Wife is pregnant at the time of Talaq, the divorce will only commence after the pregnancy. Now let us know the divorce on behalf of the wife. According to section 8 of the Muslim Family Laws Ordinance, 1961, if the wife gets right to divorce by delegation, she may exercise such right in the same manner as the husband (The Muslim Family Laws Ordinance, 1961 Under section 7) so far applicable.

Moreover, Under the Dissolution of Muslim Marriages Act, 1939 a wife shall be entitled to obtain a decree for dissolution of her marriage under Section 2 of the Act. The grounds for a decree for dissolution of marriage under this section. Moreover, The Muslim Marriages and Divorces (Registration) Act, 1974 mentions about registrations of Muslim marriage and divorce. As per section 6 of the Act, A registrar may register a divorce under Muslim Law on the application being made to him for registration. In addition to this, when a wife has delegated the power to divorce her husband (Talaq-i-Tawfid), proof of such delegation shall be produced to the Registrar to register this type of divorce. To know more details about this matter, please communicate. Thank you very much.

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