LAWS OF DIVORCE PROCEDURE IN BANGLADESH

The laws relating to the Marriage and Divorce in Bangladesh are laws enacted by the
parliament supported by Mohammedan (Muslim) laws (for the Muslims in Bangladesh, I shall
not include laws relating to Marriage and Divorce of other religious group in this affidavit).

A person living in Bangladesh can chose Bangladesh as his/her domicile; and if a child is
brought to Bangladesh by its parents and the parents wish to make Bangladesh its (the childs)
domicile; then the child shall be domiciled in Bangladesh

The religious solemnization of a Muslim marriage means a Muslim scholar shall offer to a
bride that the bride groom wishes to marry her for an amount of dower (meher money) and
whether she has consent to the offer once the bride consents in front of witnesses; the Muslim
scholar then again comes to the bride groom and the bride groom confirms his offer and accepts
again in front of witnesses and thus the solemnization completes. Apart from this solemnization
there are requirement of registration of marriage in accordance with section 3 of The Muslim
Marriages and Divorce (Registration) Act 1974, according to this section every marriage
solemnized in accordance with Muslim laws shall be registered in accordance with the
provision of this Act. Section 5 of the abovementioned Act provides:-

5. Solemnisation of a marriage to be reported and registered- (1) where a marriage is

solemnized by the Nikah Registrar himself, he shall register the marriage at once.

(2) Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom
of the Marriage shall report it to the concerned Nikah Registrar within thirty days from the date
of such solemnization.

(3) Where solemnization of a marriage is reported to a Nikah Registrar under sub section (2),
he shall register the marriage at once.

The High Court Division of the Supreme Court of Bangladesh in its Judgment in the case
Abdullah vs Rokeya Khatoon 21 DLR 213 held that:-

Section 5 of the Muslim Family Law Ordinance makes it absolutely necessary that the
marriage solemnized under the Muslim law shall be registered. The solemnization of marriage
if validly affected might not be affected for non-registration of the marriage.

Even in the later judgments of the Supreme Court of Bangladesh it was even more firmly
established that mere non-registration of the marriage duly solemnized shall not affect the
legality of the marriage.

The law regarding capacity to marriage is governed by Islamic laws and according to Islamic
law a male can enter into polygamous marriage but women cannot. The law in Bangladesh
makes entering into second marriage (by a male) without first wifes permission a crime but
the second marriage does not become invalid or null. However if an woman enters into a
polygamous marriage that marriage will be null and void.
A Nikahmana is a valid marriage certificate for Muslims in Bangladesh. In absence of a
Nikahnama a marriage can be proved by way oral evidence from witnesses present in the
marriage celebration describing the marriage rituals beings observed as per Islamic laws. The
Document named Undertaking in respect of marriage dated 9th December 1995 AD provided
by the querist is not a Nikahnama or a marriage certificate under the laws stated above
however it seems that the marriage between Abdul Sukkur and Almas Khatun was duly
solemnized in accordance with Islamic shariat law. Therefore the marriage between Abdul
Sukkur and Almas Khatun through not registered cannot be termed as invalid and rather it is a
valid marriage..

The law relating to Divorce in Bangladesh also covers both Muslim sharia Divorce i.e.
Pronouncing of words talaq and registration of Talaq with a Muslim Marriage and Talaq
Registrar or Kazi. Section 7 of the Muslim Family Law Ordinance 1961 provides that:-

Talaq: (1) Any man who wishes to divorce his wife shall, as soon as possible after the
pronouncement of talaq in any from whatsoever, give the chairman notice in writing of his
having done so, and shall supply a copy thereof to the wife.

(2) whoever contravenes the provisions of sub-sec(1) shall be punishable with simple
imprisonment for a term which may extend to one year or with fine which may extend to{ten
thousand taka} or with both.

(3) save as provided in sub-sec(5),a talaq, unless revoked earlier, expressly or otherwise ,shall
not be effective until the expiration of ninety days from the day on which notice under sub-
section (1) is delivered to the chairman.

(4) Within thirty days of the receipt of notice under sub-section (1),the chairman shall constitute
an arbitration council for the purposes of bringing about a reconciliation between the parties,
and the arbitration council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the
period mentioned in sub-section (3) or the pregnancy , whichever be letter ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under
this section from re-marrying the same husband, without an intervening marriage with a third
person , unless such termination is for the third time so effective.

Again section 6 of the Marriages and Divorces (Registration) Act 1974 provides that:-

REGISTRATION OF DIVORCES(1) A Nikah registrar may register may register divorce

effected under Muslim law within his jurisdiction on application being made to him for such
registration.

(2) An application for registration of a divorce shall be made orally by the person or persons
who has or have effected the divorce. Provided that if the women be a pardanshin, such
application may be made by her duly authorized Vakil.
(3) The Nikah registrar shall not register a divorce of the kind known as talaq-i-tafweez except
on the production of document registered under the registration act,1908, by which the husband
delegated the power of divorce to the wife or of an attested copy of any entry in the register of
marriages showing that such delegation has been made.

(4) Where the Nikah Register refuses to register a divorce, the person or persons who applied
for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar
and the order passed by the register on such appeal shall be final.

The Supreme Court of Bangladesh held that Talaq in any form shall not stand effective and
talaq shall not be talaq in the eye of law unless provision contained in section 7 (1) of the
Muslim Family Laws Ordinance 1961 is sternly complied with

If a Notice was served and Talaq was registered in accordance with law stated above a legal
Divorce or Talaq will be executed. Please note Muslim Divorce in Bangladesh does not require
any court proceedings.

Md Sanwar Hossain
Advocate in Bangladesh
LLB (Hons) Barrister at law
Advocate, Supreme Court of Bangladesh