In Bangladesh, divorce is not a uniform civil process
Partha Sharathi Ray
Advocate, Appellate Division, Supreme Court of Bangladesh
Member, European Attorney’s Association & Commonwealth Lawyers Association
E-mail:lawpartha@gmail.com
In Bangladesh, divorce is not a uniform civil process but a complex tapestry of personal religious laws. The
administrative procedures have been modernized through digital tracking, the substantive grounds for dissolving a
marriage still rest on your faith.
Below is a comprehensive guide to the divorce process across all major religions in Bangladesh.
Muslim Divorce (The 90-Day Rule).
Governed by the Muslim Family Laws Ordinance, 1961, the process is structured to encourage reconciliation
through a mandatory waiting period.
Talaq (By the Husband) or Talaq-e-Tafweez (By the Wife)
If the wife has the delegated right of divorce in her Kabinnama (Clause 18), she follows the same procedure as the
husband:
1. Notice: Send a written notice to the local Union Parishad Chairman (or City Corporation Mayor) and a
copy to the spouse.
2. Arbitration: The Chairman forms an Arbitration Council within 30 days to attempt a reconciliation.
3. The 90-Day Period: The divorce becomes effective exactly 90 days after the notice is delivered to the
Chairman, unless reconciliation occurs or the wife is pregnant (in which case it becomes effective after
birth).
4. Registration: Once the 90 days pass, the parties must register the divorce with a registered Nikah Registrar
(Kazi).
Judicial Divorce (Khula or Court Suit)
If a wife lacks the delegated right, she must file a suit in the Family Court under the Dissolution of Muslim
Marriages Act, 1939 on grounds such as cruelty, desertion (4+ years), or failure to provide maintenance (2+ years).
Hindu Marriage (Judicial Separation): In Bangladesh, Hindu personal law views marriage as a sacred,
indissoluble bond. Consequently, there is no statutory provision for an absolute divorce that allows for
remarriage under traditional Hindu law.
Judicial Separation: Under the Hindu Married Women's Right to Separate Residence and Maintenance
Act, 1946, a wife can seek a court order to live separately and receive maintenance if the husband is cruel,
has a loathsome disease, or remarries.
Current Reality: While some couples exchange Divorce Notices via Notary Public, these carry no legal
weight for remarriage. They only serve as evidence of a permanent breakdown of the relationship.
Christian Divorce (The Judicial Decree)
Christian divorce is strictly a judicial matter governed by the Divorce Act, 1869. It is notably more difficult than the
Muslim process.
Filing: A petition for Dissolution of Marriage must be filed in the District Court or the High Court
Division.
Grounds: Traditionally, the husband had to prove adultery, while the wife had to prove adultery coupled
with cruelty or desertion.
The Six-Month Rule: Even if the court is satisfied, it first issues a Decree Nisi. The divorce is not
finalized until the court issues a Decree Absolute, typically six months later, to ensure no collusion or
chance of reconciliation exists.
Buddhist Divorce (The Secular View)
Buddhism generally treats marriage as a secular contract. However, because there is no specific Buddhist Divorce
Act in Bangladesh, the process follows the Family Courts Ordinance, 1985.
Procedure: A Buddhist husband or wife files a suit for Dissolution of Marriage in the Family Court.
Outcome: The judge follows the same trial and mediation steps as a civil suit. If reconciliation fails, the
court grants a decree of dissolution.
Comparative Overview of Procedures
Religion, Primary Law, Method, Effect on Remarriage.
Muslim MFLO, 1961 Notice + 90 Days Fully allowed after 90 days.
Hindu Traditional Law Judicial Separation Not legally allowed.
Christian Divorce Act, 1869 Court Trial Allowed after Decree Absolute.
Buddhist Family Courts Ord. Court Suit Allowed after Court Decree.