How to get a divorce in Bangladesh

Published : 24 Oct 2021 11:01 AM | Updated : 12 Feb 2022 04:05 PM

Divorce was long considered a symptom of Western capitalist cultures. However, we just came across some startling facts about the talak, or divorce rate, as reported by a renowned Bangla newspaper. While the remainder of the country lags, urban areas such as Dhaka, Chattogram, and Sylhet appear to have surpassed certain western countries in terms of divorces. 

In the five months from June, the capital would see up to 39 divorces every day, or once every 37 minutes. Indeed, it defies our imagination. Chattogram is next, with an average of 18 divorces every day. However, Sylhet has seen a tenfold increase in divorce appeal submissions in the first ten months of this year.

June, in particular, showed an increase in divorce notices. Between June and October, there were 5,970 divorces finalized. Divorce rates were already high in this 18-million-person city before the outbreak. In 2021, the number of divorces each month was 920, compared to 1,194 in the previous five months, a 29.78 percent rise. The bleak picture also illustrates how the corona pandemic has wreaked havoc on the conjugal life of many people who have over the line of tolerance.

As becomes very evident, couples already experiencing poor relationships either found the epidemic more onerous or exploited it as an excuse to divorce their husbands or wives. This rising trend in the dissolution of marriage connections undoubtedly correlates with an increase in domestic violence documented in both developing nations such as Bangladesh and cosmopolitan and advanced countries in the western world. 

For other people, spending time with dominant partners who are also oppressive exacerbates the situation and makes it nearly hard to be together. Additionally, one of the reasons is budgetary constraints resulting from the shutdown. Women filed up to 70% of divorce applications. This reaffirms male dominance while also highlighting the positive trend of women receiving assistance from their parents' families, which is the polar opposite of the stigma associated with female divorcees.

Read More: Divorce rate increases in capital Dhaka

Everyone agrees, however, that the ultimate sufferers of a fractured family are the children. Children are deprived of their parents' affection and attention. As a result, the parents must initiate the process of reconciliation. Additionally, they need to be more tolerant. Couples must work together truly and cooperatively to make their marriages enjoyable. Finally, a culturally evolved mindset is required to overcome this ailment.

How to initiate divorce proceedings in Bangladesh? Divorce in Bangladesh may have repercussions for both couples if the proper processes are not followed. The following article will provide an in-depth description of the divorce process in Bangladesh.

The Legal Process of Obtaining a divorce in Bangladesh

Bangladesh's divorce procedure is governed by the Marriages and Divorces (Registration) Act, 1974. Apart from an act of God, divorce is the only legal means to end a partnership. In Bangladesh, divorce is a relatively simple process. The straightforward three-step procedure is as follows:

  • Notification in writing,

  • Appearance before the Arbitration Tribunal,

  • Upon expiration of the 90 days, obtaining the Registrar's registration certificate.

Hence, many citizens of this country go for their law in divorcing being a Muslim.

Divorce Procedure if you are a Muslim:

Divorce is the legal dissolution of the parties' material bond following the law's standards. Nonetheless, Islamic law makes a distinction between the dissolution of the marital relationship by the person filing for divorce and the dissolution of the marital relationship by the party filing for divorce.

In general, Muslim law recognizes two types of divorce: 

(i) Extra-judicial divorce and

(ii) Judicial divorce (Described above).

Read More: Seminar on divorce held at IU

Extrajudicial divorce consists of three types,

(i) divorce by the spouse (talaq, ila, zihar),

ii) by the wife (talaaq-e-tawfeez, lian) and

iii) through mutual consent (khula, muba’rat).

Here is the talaq classification in detail:

1. Talaq from the Husband 

Simply said, 'Talaaq' refers to a divorce initiated by the husband. If the husband pronounces talaq once during a tuhr that results in abstention from sexual relations for the duration of the iddat, the talaq is successful. The tuhr period is the intermenstrual phase.

2. Talaaq-e-Tawfeez by Wife

Talaaq-e-Tawfeez is a divorce procedure in which the wife may abandon her marriage on her behalf per her husband's delegation. This is a little more problematic, as the provision for this talaq must be written in the niqahnama under section 18 with the husband's approval.

3: Talaaq through mutual agreement

Both husband and wife, via their mutual participation, want separation in this case. Additionally, it is referred to as Mubarat. Mubarat is also a type of dissolution of marriage in which both parties desire mutual separation and share an aversion.

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