Divorce is the legal dissolution of a marriage. In Bangladesh, there are two ways to get a divorce: through the courts or through a religious authority.

Through the Courts

To get a divorce through the courts, you must file a petition for divorce with the Family Court. The petition must include the following information:

  • The names and addresses of the parties involved
  • The date of the marriage
  • The grounds for divorce

The Family Court will then issue a summons to the other party. The other party has 30 days to respond to the summons. If the other party does not respond, the court may grant the divorce without their input.

If the other party does respond, the court will schedule a hearing. At the hearing, both parties will have an opportunity to present evidence and testimony. The court will then make a decision about whether or not to grant the divorce.

Grounds for Divorce

There are a number of grounds for divorce in Bangladesh. Some of the most common grounds include:

  • Adultery
  • Desertion
  • Physical or mental cruelty
  • Imprisonment for a period of at least two years
  • Unsoundness of mind
  • Failure to consummate the marriage
  • Conversion to another religion

Religious Divorce

In Bangladesh, divorce can also be granted by a religious authority. The process for getting a divorce through a religious authority varies depending on the religion of the parties involved.

For example, in Islam, divorce can be granted by a qazi (a Muslim judge). The qazi will issue a talaq (a decree of divorce). The talaq must be pronounced in the presence of two witnesses.

Once the talaq has been pronounced, the marriage is considered to be dissolved. However, there is a waiting period of three months before the divorce becomes final.

Advantages and Disadvantages of Each Method

There are both advantages and disadvantages to getting a divorce through the courts or through a religious authority.

Advantages of Getting a Divorce Through the Courts

  • The court process is more formal and provides more protection for the rights of both parties.
  • The court process is more likely to result in a final divorce.
  • The court process can be used to resolve any financial or child custody issues that arise from the divorce.

Disadvantages of Getting a Divorce Through the Courts

  • The court process can be expensive and time-consuming.
  • The court process can be emotionally draining.
  • The court process can be adversarial, which can make it difficult for the parties to cooperate in the future.

Advantages of Getting a Divorce Through a Religious Authority

  • The religious process is often less expensive and time-consuming than the court process.
  • The religious process can be less emotionally draining than the court process.
  • The religious process can be more collaborative, which can make it easier for the parties to cooperate in the future.

Disadvantages of Getting a Divorce Through a Religious Authority

  • The religious process may not provide the same level of protection for the rights of both parties as the court process.
  • The religious process may not be as effective in resolving any financial or child custody issues that arise from the divorce.
  • The religious process may not be recognized by the government, which could make it difficult to obtain a passport or other travel documents.

Conclusion

The decision of whether to get a divorce through the courts or through a religious authority is a personal one. There is no right or wrong answer. The best way to decide is to consult with an experienced lawyer who can help you understand your options and make the best decision for your situation.

If you are considering getting a divorce in Bangladesh, it is important to speak to an experienced lawyer as soon as possible. A lawyer can help you understand the law, protect your rights, and navigate the divorce process.

Here are some of the things that an experienced lawyer can do for you:

  • Advise you on your legal options
  • Prepare and file the necessary paperwork
  • Represent you in court
  • Negotiate on your behalf with your spouse
  • Help you resolve any financial or child custody issues
  • Provide emotional support

If you are considering getting a divorce, please do not hesitate to contact us for a consultation. We would be happy to discuss your situation and help you understand your options.thumb_upthumb_downuploadGoogle itmore_vert

Divorce Procedure in Bangladesh 2023

Divorce is the legal dissolution of a marriage. In Bangladesh, there are two ways to get a divorce: through the courts or through a religious authority.

Through the Courts

To get a divorce through the courts, you must file a petition for divorce with the Family Court. The petition must include the following information:

  • The names and addresses of the parties involved
  • The date of the marriage
  • The grounds for divorce

The Family Court will then issue a summons to the other party. The other party has 30 days to respond to the summons. If the other party does not respond, the court may grant the divorce without their input.

If the other party does respond, the court will schedule a hearing. At the hearing, both parties will have an opportunity to present evidence and testimony. The court will then make a decision about whether or not to grant the divorce.

Grounds for Divorce

There are a number of grounds for divorce in Bangladesh. Some of the most common grounds include:

  • Adultery
  • Desertion
  • Physical or mental cruelty
  • Imprisonment for a period of at least two years
  • Unsoundness of mind
  • Failure to consummate the marriage
  • Conversion to another religion

Religious Divorce

In Bangladesh, divorce can also be granted by a religious authority. The process for getting a divorce through a religious authority varies depending on the religion of the parties involved.

For example, in Islam, divorce can be granted by a qazi (a Muslim judge). The qazi will issue a talaq (a decree of divorce). The talaq must be pronounced in the presence of two witnesses.

Once the talaq has been pronounced, the marriage is considered to be dissolved. However, there is a waiting period of three months before the divorce becomes final.

Advantages and Disadvantages of Each Method

There are both advantages and disadvantages to getting a divorce through the courts or through a religious authority.

Advantages of Getting a Divorce Through the Courts

  • The court process is more formal and provides more protection for the rights of both parties.
  • The court process is more likely to result in a final divorce.
  • The court process can be used to resolve any financial or child custody issues that arise from the divorce.

Disadvantages of Getting a Divorce Through the Courts

  • The court process can be expensive and time-consuming.
  • The court process can be emotionally draining.
  • The court process can be adversarial, which can make it difficult for the parties to cooperate in the future.

Advantages of Getting a Divorce Through a Religious Authority

  • The religious process is often less expensive and time-consuming than the court process.
  • The religious process can be less emotionally draining than the court process.
  • The religious process can be more collaborative, which can make it easier for the parties to cooperate in the future.

Disadvantages of Getting a Divorce Through a Religious Authority

  • The religious process may not provide the same level of protection for the rights of both parties as the court process.
  • The religious process may not be as effective in resolving any financial or child custody issues that arise from the divorce.
  • The religious process may not be recognized by the government, which could make it difficult to obtain a passport or other travel documents.

Conclusion

The decision of whether to get a divorce through the courts or through a religious authority is a personal one. There is no right or wrong answer. The best way to decide is to consult with an experienced lawyer who can help you understand your options and make the best decision for your situation.

If you are considering getting a divorce in Bangladesh, it is important to speak to an experienced lawyer as soon as possible. A lawyer can help you understand the law, protect your rights, and navigate the divorce process.

Here are some of the things that an experienced lawyer can do for you:

  • Advise you on your legal options
  • Prepare and file the necessary paperwork
  • Represent you in court
  • Negotiate on your behalf with your spouse
  • Help you resolve any financial or child custody issues
  • Provide emotional support

If you are considering getting a divorce, please do not hesitate to contact us for a consultation. We would be happy to discuss your situation and help you understand your options.thumb_upthumb_downuploadGoogle itmore_vert

× Chat