The Muslim divorce procedure in Dhaka, Bangladesh, How to file a divorce in Bangladesh, and Divorce Lawyers in Dhaka are frequently queried by clients. In addition, people want to know the cost and time of the Muslim divorce Procedure in Bangladesh. This article will focus on the easiest way of the Muslim Divorce Procedure in Dhaka Bangladesh.
Type of Muslim Divorce or Talaq
Muslim Divorce under Muslim Family Law Ordinance, 1961 (MFLO) may be two types:
As per original Muslim law, there are various types of divorce. But in light of the applicable laws of Bangladesh, there are 2 (Two) types of Divorce.
Divorce or Talaq by Notice:
Divorce by notice is also known as one-sided divorce. To give a Divorce or Talaq by notice, the divorce notice receiver’s consent is not mandatory. In this case, any of the parties may not have consented of giving divorce.
Mutual Divorce:
In a mutual divorce, both parties have their consent to give the divorce. As both the parries are aware of the divorce and as such notice requirement is not mandatory.
Divorce Procedure | One-sided Talaq or Divorce by Notice procedure
In light of Section 7 of MFLO and in practice, when a person gives a one-sided divorce, he or she follows as follows:
- The person needs to give a notice of divorce to the opposite party i.e. husband or wife and the concerned city corporation or chairman.
- The person needs to sign and put his or her thumb impression on the notices and book of the marriage registrar.
- 2 male witnesses will sign the notices of the book of marriage registrar.
- The notices will be sent through registered post.
- After receiving the notice, the office of the concerned city corporation will issue 3 (Three) notices consecutively in 3 (Three) months to the husband and wife.
- The city corporation will form an arbitration council to resolve the dispute between husband and wife.
- If no party appears or not possible to resolve, the city corporation will issue an order sheet thereof.
- Thereafter, the marriage registrar will issue a divorce certificate
Penalty for default of Divorce procedure:
In breach of the above procedure of divorce, a person can be punishable with simple imprisonment for a term which may extend to 1 (one) year or with a fine which may extend to 10 [ten thousand taka] or with both.
Divorce Procedure | Mutual Divorce Procedure
In light of Section 8 of MFLO and in practice, when a person gives a mutual divorce, he or she complies as follows: In practice both the husband and wife take their decision of giving divorce. Husband and wife and 2 (Two) witnesses sign in the book of the marriage registrar. Usually, before coming to the decision of divorce, both parties sign an agreement on their decided terms and condition. Parties mostly decide about the dower money, and maintenance of wife and child (If any). As parties know each other’s decision and less possibility of resolution, notice is not required.
Divorce Procedure during Pregnancy:
If the wife is pregnant at the time of the pronouncement of divorce or Talaq. Divorce will not be effective until 90 days from the date of the notice or the pregnancy, whichever be later, ends.
Documents for Divorce Procedure:
The following documents are necessary for the completion of a divorce procedure:
- Photocopy of kabinnama
- Copy of NID (National Identification Number) of husband and wife.
- Photocopy of NID (National Identification Number) of two male witnesses.
- 1(one) photo if any affidavit is prepared by a lawyer
Government Cost for Divorce Procedure:
As per Marriages and Divorces (Reg) Rules, 1975:
A Nikah or Marriage Registrar shall charge a fee of BDT 200 (Two Hundred) for registration of divorce. The marriage registrar may also claim BDT. 25 as the commission fee and BDT. 1 (0NE) taka per mile as the travelling cost. But in practice, the Marriage registrar takes many times more costly than the actual cost.
The Prophet Muhammad once said, “Of all the lawful things, divorce is the most hated by Allah.” Therefore, Islam does not encourage divorce but sometimes it is inevitable. Nowadays, the number of divorces has highly increased in Dhaka as well as all over Bangladesh. As a result, people should know the exact procedure of Muslim divorce in Dhaka Bangladesh. If you want to know more about please click here.
Counsels Law Partners, a full-service law chamber in Dhaka Bangladesh is one of the leading Law firms having expertise in Muslim Divorce Procedure and related legal services. If you have any queries please contact us:
E-mail: info@counselslaw.com
Phone: +8801700920980 (WhatsApp) | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.
