Marriage & Divorce in Bangladesh – Everything You Need to Know

Marriage & Divorce in Bangladesh – Everything You Need to Know

Marriage and divorce in Bangladesh are governed primarily by personal laws based on religious affiliation, alongside statutory provisions. Understanding the legal procedures and rights involved is essential for safeguarding one’s personal and legal interests.

Marriage Laws in Bangladesh

Muslim Marriages

Muslim marriages in Bangladesh are governed by the Muslim Family Laws Ordinance, 1961, and are considered a civil contract.

• Registration: Marriage must be registered under the Muslim Marriages and Divorces (Registration) Act, 1974.
• Mehr (Dower): A mandatory payment by the husband to the wife, agreed upon during the marriage.
• Polygamy: A Muslim man must obtain written permission from the Arbitration Council to contract another marriage during the subsistence of an existing one.
• Minimum Age: The legal age for marriage is 21 for males and 18 for females under the Child Marriage Restraint Act, 2017.

Hindu Marriages

Hindu marriages in Bangladesh are governed by traditional customs, as there is no codified law regulating marriage solemnization. However, the Hindu Marriage Registration Act, 2012 allows optional registration.

Christian Marriages

Governed by the Christian Marriage Act, 1872:

• Conducted by licensed individuals or clergy.
• Must be registered with the Registrar of Marriages.

Special Marriages

Interfaith or civil marriages can be conducted under the Special Marriage Act, 1872.

Divorce Laws in Bangladesh

Muslim Divorce

Muslim divorces are regulated by the Muslim Family Laws Ordinance, 1961 and Sharia principles.

By Husband (Talaq)

• The husband must provide written notice of talaq to the Chairman of the local Union Parishad/City Corporation.
• A copy must be served to the wife.
• A 90-day period follows for reconciliation (iddat).
• If reconciliation fails, divorce becomes effective after this period.

By Wife (Talaq-e-Tafweez)

• If delegated in the marriage contract, a wife may exercise the right to divorce.

By Court (Khula)

• If the wife has no delegated right, she may seek divorce through family court based on grounds such as cruelty, abandonment, or failure to maintain.

Hindu Divorce

There is no legal provision for Hindu divorce in Bangladesh; Hindu marriages are considered indissoluble under traditional laws.

Christian Divorce

Under the Divorce Act, 1869:

• A petition can be filed by either spouse on grounds such as adultery, cruelty, desertion, or conversion.
• Divorce must be granted by the Family Court.

Special Marriage Divorce

Divorce under the Special Marriage Act, 1872 must be initiated in civil court, based on similar grounds as Christian divorce.

Maintenance and Custody

• Maintenance: Upon divorce, the wife may claim maintenance during the iddat period (in Muslim law) or longer under special circumstances. Courts may also consider the financial position of both parties.
• Custody: Determined by the Family Court with the welfare of the child as the primary consideration. Mothers typically get custody of minor children unless otherwise decided by the court.

Documentation Required for Marriage & Divorce

For Marriage:

• National ID cards or birth certificates
• Passport-sized photographs
• Witnesses (typically two for Muslim marriage)
• Dower agreement
• Registration form (Nikah Nama)

For Divorce:

• Talaq/Khula notice
• Marriage registration certificate
• National ID/passport
• Evidence supporting grounds for court-based divorce (if applicable)

Jurisdiction

Family courts have exclusive jurisdiction over marriage, divorce, maintenance, dower, and custody matters. Appeals from Family Court decisions lie with the District Judge Court.