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Barrister Tahmidur Rahman
Hindu personal law makes no reference to divorce or dissolution since Hindu marriage is seen as a sacrament and a divine relationship. Hinduism views marriage as a heavenly union that cannot be broken through divorce. As a result, Hinduism values marriage highly and disapproves of divorce and separation.
- Act of 1946 Granting Hindu Married Women the Right to Separate Residence and Support
- Registration of Hindu Marriages in 2012
- Hindu Marriage Registration Rules of 2013
- The 1985 Family Courts Act
- In Bangladesh, there is no distinct law governing Hindu marriage and divorce. However, there is the 1946 Hindu Married Women’s Right to Separate Residence and Maintenance Act. If a Hindu married woman meets the requirements of section 2 of this Act, she may ask for separation from her husband and support if the conditions are met.
This clause states that a married Hindu woman has the right to a separate residence and support from her husband for one of the following reasons:
1. The husband should seek medical attention if he has a condition that he did not inherit from his wife.
2. If a husband mistreats his wife
3. If the woman's husband left her without her knowledge or consent
4. If he Marries Yet Again
5. If the husband changes his religion from Hinduism to another
6.If he lives with his mistress and keeps her as a companion
7. Additional reasonable motives
However, if a Hindu woman switches to another religion or disobeys the applicable court’s decision restoring marital rights, she shall not be entitled to a separate home or maintenance.
Marriage Dissolution in Hindu Marriage:
According to section 6 of the Family Courts Ordinance of 1985, a Hindu couple may apply to the Family Court for Dissolution of Marriage instead of Divorce.
Below are the steps that must be taken in order to get a divorce:
First Step | File a Case
In accordance with the law, either a husband or a wife may submit a petition to the family court for the dissolution of their marriage. The complaint must include significant details about the husband-and-wife dispute.
Step 2 | Objecting to the Written Declaration
The parties are required to appear before the Family Court on a specific day. The defendant must provide a written statement and relevant documentation.
Step 3 | Review of the Petitions
After receiving a written statement, the court has 30 days to schedule a pre-trial hearing. Analyze the petition in context of the other papers and, if possible, make an effort at reconciliation during the pre-trial hearing.
Fourth Step | Framing the Issues
After then, issues will be formulated and a hearing date will be scheduled within 30 days if the court is unable to reach an agreement between the parties.
Fifth Stage | witness Examination
The court is required to review and document the witness’ evidence on the designated day.
Step 6 | Discussion of the Parties’ Negotiations
The court will attempt to mediate a settlement between the lawsuit’s parties after recording the testimony of the parties and witnesses.
Step 7 | Decree of Marriage Dissolution
The court will then enforce a decision terminating the parties’ marriage if it determines that they should be allowed a divorce.
Any party that feels wronged by the Family Court’s decision may appeal it.
Documentation of Divorce
To formally recognize the registration of Hindu marriages, the Hindu Marriage Registration Act, 2012, and the Hindu Marriage Registration Rules, 2013, were passed. Before the Hindu Marriage Registration Act was passed, Hindu marriages in Bangladesh could not be registered. The Hindu Marriage Registration Act was put into effect by the 2013 Hindu Marriage Registration Rules.
The Hindu marriage procedure included no mention of marriage registration. A marriage could not be established without registration, making divorce impossible. According to Section 3 of the law, registration is optional and an unrecorded marriage is nevertheless regarded as legal. The Act’s Section 6 outlines the registration process for marriages. Once the marriage has been legally recognized, either partner may submit a Registration application. Hindu couples did not traditionally register their marriages, making it challenging to establish their relationship legally.
Reconstruction of Marriage Rights in Bangladesh
If either the husband or wife withdraws from the other’s society without good reason, and petitions the District Court or the High Court Division for restitution of conjugal rights, an order for the restoration of conjugal rights may also be issued under section 32 of the Act.
Contrary to Hindu, Christian, Buddhist, and atheist ideologies, only Muslim law recognizes divorce between married spouses. Christian and Hindu law both view marriage as a holy union and forbid divorce and dissolution. There are no restrictions on divorce in Buddhism, in contrast to Hinduism. Buddhists believe that if a marriage causes pain, divorce or dissolution is desirable.
There are various Marriage and Divorce statutes for Muslims in Bangladesh, which serve as the legal foundation for divorce. Under Muslim law, a husband and wife may divorce on a number of grounds. The Christian Divorce Act also offers divorce procedures when a husband and wife have different reasons for divorce.
According to the 1946 Hindu Married Women’s Right to Separate Residence and Maintenance Act, a Hindu woman who satisfies specific requirements may request separation and maintenance from her husband.
Hindu couples may also apply to the family court for judicial dissolution of their marriage. The Special Marriage Act and the Divorce Act will apply to the Atheist in marriage and divorce-related situations. Regardless of their place of worship, all inhabitants are subject to the Family Court Ordinance of 1988. This includes Muslim groups.
Consequently, this legislation shall apply to all matters relating to marriage and divorce. However, there need to be many changes made to the divorce laws as they currently stand. Bangladeshi Hindus and Buddhists have different laws governing marriage and divorce.
What is said about divorce in Hinduism?
Hinduism permits divorce, but compared to other religions, it seems to be less common there. Due to the inferior status of women in Hindu culture and society, divorce has always been prohibited in Hindu marriages.
What steps are involved in a Hindu divorce?
Step 1: File a divorce petition.
Step 2: The parties must appear in court.
Step 3: Keep records while under oath.
Step 4: The first motion will be approved.
Step 5: The petition's final hearing.
Step 6: Divorce Decision.
Is it possible for a Hindu woman to divorce her husband?
According to a social custom, a divorce between a husband and wife is possible. After a year of marriage, a divorce may be filed. Divorce requires two separate court decisions. One occurs when the petition is submitted, and the second occurs six months after the first.
What if the husband is not seeking a divorce?
Your only choice for dissolving your marriage if your spouse won't cooperate is to file for divorce in court. Due to the absence of your spouse, mediation will be ineffective. Divorce by collaboration won't succeed. Your divorce will need to be litigated.
What if the wife is not prepared to get a divorce?
You can submit a petition for divorce in court and challenge it there if she isn't ready for a mutual agreement divorce and it's absolutely impossible for you to stay together any longer. The Hindu Marriage Act provides for two methods of divorce.
Can a judge order a wife to remain with her husband?
The court is not authorized by law to order a husband to take his wife back. No judge has the authority to order a couple to live together. The husband has the right to reject any suggestion that he accept his wife back during the mediation process.
Is mutual divorce simple?
Since the decision was made by mutual consent, the process is much less stressful than divorce obtained through other ways. Both spouses have the right to request the dissolution of their marriage.
What exactly is a first motion in divorce?
When a couple wants to achieve a mutual divorce, they must file a joint petition as their first move. After six months, they must file a second motion, but thanks to a ruling by the Supreme Court, they can now waive that as well. Other active cases will be closed in accordance with the agreements reached between you.
What is the duration of a mutual divorce?
It requires two moves and six months. First, the attorney will submit a petition to the judge that is signed by both parties. The court will take it. After six months, a second motion is submitted, and the divorce is then declared official.
Can the wife seek property after the divorce?
She has the right to remain in the house until their marriage is declared invalid and void by a competent authority. After they divorce, the wife has the right to seek maintenance and living expenses for herself and her children, but she cannot seek property in a divorce settlement.