Divorce Law In Bangladesh: This Will Help You Decide!

Divorce Law In Bangladesh: This Will Help You Decide!

Family Law

How to divorce separation?

A marriage between a man and a woman is also based on marriage. Through marriage, the validity of the relations between men and women is valid. Marriage is a civil agreement. Marriage is just as valid. The divorce law in Bangladesh gave legitimacy to divorce as well. People get married to a nice family and family. But the family of dreams broke down before it was filled. One misconception among the Muslims is often seen that if the husband pronounces three divorces on his face, then he becomes divorced. But it is nothing but ignorance. There is no such provision in Muslim law. In addition, it was not recognized in state law. The divorce separation is not effective immediately after pronouncing the word “divorce” in the mouth or three times in the mouth with the word “divorce”.

Even if you make divorce in writing without uttering a speech, it will not be effective immediately. According to the Muslim Marriage and Divorce Registration Act of 1974, divorced under the jurisdiction or related nikah registers or chairs, and the divorce notice should be sent to the wife and the chairman of the local union council chairman/municipality chairman/city corporation. Divorce is not recognized in the case of Hindu law in Bangladesh, because the laws of Hindu law are in force. But there is some separation in the Mitakhada Act. Under the Hindu Marriage Act of 1955, a Hindu person (husband and wife) can get married in case of divorce. At present, the number of divorces is increasing day by day. Legal marriages are related to the separation of divorce.

Divorce in Muslim law:

Divorce (divorce) is an unlawful matter in Islam. The Prophet of Allah said, “The worst thing in Islam is the divorce” (al-Hadith). If the provision of divorce does not take place, then women or Parsis would be subjected to injustice, it has been legalized in this hike. Not to abuse it. In the case of divorce, the husband will have to pay the full seal. The wife can interfere with mutual understanding and divorce. The wife can make a separation through the court. The husband can divorce the wife by divorcing her.

When a husband can divorce his wife:

According to Muslim law, a full adult and healthy husband can divorce his wife at any time without any reason. In the case of divorce, the husband’s power is exclusive, but according to the provisions of the law, it must be done. It is an unbelievable crime. Divorce Law In Bangladesh Regarding divorce of a husband by husband, according to the 7

(1) section of the Muslim Family Law Ordinance of 1961, husbands should give written notice if they divorce their wives. In addition, a notice will be given to the representative of the area in which the wife lives, (i.e., Union Parishad Chairman, mayor/councilor of municipality/city corporation). According to Section 7

(2), if a person contravenes this provision of giving notice, he will be punished with imprisonment for a year or fine of Tk 10,000 or both. Within 30 (thirty) days from the date of receipt of notice under section 7

(3), the chairman shall constitute an arbitral council for reconciliation between the parties concerned and the arbitral council shall take all necessary measures for such reconciliation. For this, an arbitral council will be formed with one member nominated by both parties on behalf of the husband and wife and the members of the city corporation or Union Parishad. If the arbitration council fails to compromise between them and the separation is not canceled, divorce law in Bangladesh will be effective after 90 days of notice. As per Section 7

(4), the divorce will not be effective until the ninety days have passed since the date of issue of notice to the chairman. However, if the wife is pregnant at the time of declaration of divorce, then the divorce will not be implemented until after the pregnancy has passed in accordance with section 7

 Step

(1) of the Muslim Family Ordinance 1961, if the husband does not give notice to the chairman and the wife, then according to Article 7 (2) the husband will be punished, but the divorce will not be canceled. That divorce will take effect. In the Muslim Family Act of 1961, if there is no head of notice in the Ordinance, then there is no mention of this provision for divorce. The High Court has a verdict on this [Civil Revision No. 698, 1992, Mohammad Sirajul Islam v. Declaration: Helena Begum and others].

On the other hand, if the settlement agreement is not reached by the arbitrator and if the husband does not withdraw the notice within 90 days of giving notice, the divorce will be effective after 90 days. For 90 days the husband is obliged to support his wife. According to Article 6 of the Muslim Marriage and Divorce (Registration) Act, 1974, divorce is also registered as marriage. Regarding the jurisdictional Nikah Registrar, ie the Qazi, the registrar will register with the prescribed fee and will give a copy of the registry without the fee.

Under section 9 of this Act, if a husband fails to provide adequate support or maintenance to his wife or if she is not given equal maintenance in case of multiple wives, wives can apply to the chairman. In this case, the chairman will constitute the arbitral council for settlement of the matter and the council will issue a certificate by specifying the amount of money for the husband to provide for his wife. If the husband does not pay any money for the maintenance of the money in time or time, it will be recovered from his property under the Public Demand Recovery Act.

When a woman can divorce her husband:

 According to Muslim law, women’s dignity, rights are protected through marriage. In Muslim law women like men have rights and dignity in society. Marriage in Muslim divorce law in Bangladesh is such a matter through which the rights of women and men are preserved. Similarly, if a wife is allowed to marry in the same paragraph 9 (1), then the wife can also divorce her. However, for some reason, the wife can apply to the court seeking divorce without permission.

In Nichahara’s 18th house, only if the wife is given the power to divorce her husband, then the wife can divorce like a husband. In this case, the wife should also be divorced through the jurisdiction or related nikah registers or kadirs according to the Muslim Marriage and Divorce Registration Act of 1974 and the Muslim Family Law Ordinance of 1961, and the divorce notice should be sent to the husband and chairman of the local union council chairman municipality chairman/city corporation. According to the Muslim Family Law Ordinance of 1961, the chairman will take legal action according to the notice as a notice of divorce and on the day the chairman receives the notice, the divorce will be finalized only 90 days after that date.

A wife may divorce her husband if the following benefits exist.

1. If the husband has disappeared/disappeared for 4 years.

2. If the husband fails to provide maintenance for two years.

3. If the husband is imprisoned for 7 years or more.

4. The husband fails to perform marital rituals for 3 years, without any logical reasons.

5. If the husband is unmarried at the time of marriage and is kept until the case is filed.

6. If the husband is crazy for two years or is suffering from leprosy, HIV or severe sexually transmitted diseases.

7. Denied marriage. If a girl’s father or guardian gives the marriage to a girl before she is 18 years old, then she can break the marriage by refusing to marry before she is 19 years old, but if she does not have a relationship with her husband, then she refuses to marry in the court. The divorce can seek decree.

8. The husband took multiple wives by violating the provisions of the Muslim family law of 1961.

9. Because of the husband’s cruelty In any of the following ways, the husband treats his wife cruelty:

(A) if physical or mental torture of a wife;

(B) To associate a husband with a bad woman (women), paralyzed with other women or to live a morally clean life.

(C) To force a wife to live morally-deprived life;

(D) transferring the property of his wife or preventing her from exercising legal rights to her property;

(E) preventing the wife from celebrating her religious rituals;

(F) If the husband has more than one wife, then do not treat them equally with the order of the Holy Qur’an;

Separation by the court:

If the marriage is not given to any woman in the marriage of marriage, then the woman can gain the capacity to divorce with the permission of the court. For anyone or more of the above 9 fields, the wife may apply for separation or divorce in Family Court. The wife’s duty to prove the complaint. If proven, the wife may get a decree on the divorce, the court will send a certified copy within seven days to the concerned chairman through the court after deciding the separation. In 1939 the divorce law has given such rights or rights to the wife.

Divorce in Hindu law:

 Divorce is not recognized because of the provisions of the Hindu law of Bangladesh in force. Because it is believed in Hinduism, marriage is an enduring marriage. However, some of the divorce cases were registered in Mitakhara Act. Besides, Section 10 of the Divorce Act-169, a Hindu wife can divorce her husband for some reasonable reason. For this, he has to submit a petition to the District Judge Court.

Apart from this, a Hindu person, husband or wife, can apply for divorce after the marriage of the Hindu marriage law of 1955. According to Article 13 (1), a husband and wife can submit an application (petition) for getting permission for decree on divorce in court. Not only that, according to Section 13 (2) (4) of the Act, a Hindu woman can file a petition for divorce, where her marriage is completed before her completion of 15 years and she has canceled marriage after the completion of 15 years.

What to do if the husband or wife is second married?

There is still a second marriage in our society. When someone else gets married, complications arise in that family. Under the law, the law has been provided for both husband and wife.

What will the wife do if the husband second married?

In the social context of the subcontinent, the wives are largely dependent on the husband. So they became very helpless to the husband’s second marriage. They will not give up, their helplessness increases in such threats to their husbands. In such circumstances, our country’s law has ensured legal assistance for those neglected women. Giving mental courage will lead to serious obstruction to the door of the law.

Remedy

1) If the husband is married to another or more than one person, then after being single with his wife, the right to receive full dower from the husband immediately. According to Article 6 of the Muslim Family Law Ordinance, 1961, if the husband marries one or more in the case of being the first wife, then immediately pay any kind of dower for the first wife. If he fails to pay it, then all the property of the husband will have to pay the dower money.

2) At the same time, the previous wife can force her husband to fill her. If the former wife is separate and there is a minor/minor child, then the husband’s responsibility for the protection of the wife and the child is that the husband If he fails to fill up, then the cost will be met from his property as before.

3) Additionally, on the basis of the previous wife’s complaint, the husband can be punished with imprisonment for a term of up to one year or fine of up to Tk 10,000 or both.

4) Even the former wife can apply for a divorce from her husband. According to the Muslim divorce law in Bangladesh, 1939, the victim, who is entitled to apply for divorce, will be given the union council chairman of her area.

For the divorce, dowry, and divorce, the woman will be sued in a family court.

However, if the husband is married to the Arbitration Council for the second or the next, then these steps cannot be taken against him. If a Muslim man wants to get married second or more when his wife is alive, then the first wife (in case of second marriage) or the last wife (in case of a third or next marriage) will apply to the chairman of the Union Parishad in her area. The chairman will then form the Arbitration Council. If the Arbitration Council permits that husband to marry on the second or the second, then no legal action can be taken against her husband. But the Arbitration Council will certainly consider some things to allow the husband to marry. Aggrieved parties can appeal to the Assistant Judge Court on any decision of the Arabentation Council.

What will the husband do if the wife second married?

According to Muslim law, if there is a marital relationship with the first husband, if a Muslim woman marries another, the marriage is illegal, then the marriage is illegal. In this case, if the first husband filed a case against the wife, according to the Penal Code 1860, 494, the wife will be sentenced to a maximum term of 7 years. It can also be fined for financing. However, if the wife does not find any information about her previous husband for 7 years, or if she does not know any information that can remain alive, then she may be married to him by describing the condition of the next husband.

Some science-related reasons for divorce:

At present, the number of divorces or divorce has increased at alarming rates. Nobody can say with a 100 percent guarantee that no couple will ever get divorced. Anyone who can be divorced at any time, there is such a danger in public. Sociologists have monitored a number of subjects, who are divorced and why? When the reasons are known, the couples want to slowly move on to the divorce may be able to protect their relationship.

Married after teenage or 32 years:

 Studies have shown that married people who marry between 27-30 years will be stronger and more stable than their married life. On the other hand, those who marry teenage (13-19 years) or 32+ age have more divorce law in Bangladesh rates. Especially those who are tied to marriage at a lower age are more at risk. Even if there is more difference between husband and wife, then it also pushes towards divorce. The difference between the couples of their couples is 3% of their divorce rate for 1 year. If the difference in age is 18 years in five years and 10 years, then 39% of couples get divorced.

Husband’s full-time job not to be:

Alcandzundra Kilwald, who has studied the marriages made after 1975, saw the divorce law in Bangladesh rate of 2.5 percent of the husbands who work full-time. On the other hand, the divorce rate of 3.3 percent of the husbands who do not work full-time That is, divorce is somewhat dependent on permanent earnings or profession. Of course, it does not have any effect on whether the wife earns a divorce. Studies have shown that old contemplation ideas that the husband would bear on all expenses of the family still exist. That is why a husband’s permanent earning medium or full-time job plays an important role in the stability of married life.

Although bad to hear, the research says that the divorce law in Bangladesh rate is almost twice the number of couples in high schools than college graduates, almost twice the number of college graduates. Because low-income people have less income, their lives are more difficult. And where there are difficulties in the post, usually it is not possible to live a happy married life. The result is divorce separation.

Displaying Negative View of Partner:

Psychologist John Gottman blames four main reasons behind the divorce The number of couples who are present among them is likely to be divorced too much.

1. Minimize and overlook the partner.

2. Always criticize the behavior of the partner.

3. Present yourself as a persecuted or victimized in any crisis or difficult situation in married life.

4. Stop talking to each other.

Early Marital Romanticism:

At the beginning of marital life, a little extra excitement, interest in husband and wife. That’s normal. But when it goes beyond the level, it creates problems. Psychologist Ted Houghton observed 168 couples after 13 years of their marriage. She interviewed couples on different occasions. Later on, a paper was published in the Interpersonal Relations and Group Processes Journal.
Also in Psychology Today, Aviva Patz writes: “The couple’s marital life starts with extra romanticism, among them more than divorces tendency. Because maintaining such romanticism is very difficult to maintain consistently. Although hard to believe, it is true that those who have less “Hollywood romance” at the beginning of married life, their marital relationship is stronger. “

The silence of Controversy:

When you do not agree or conflict with your partner in any matter if he wants to talk about the matter, do you keep silent? Do not want to talk about the problem? Then it’s a bad sign. In 2013 a text was published in the Journal of Marriage and Families. It has been said that the kind of silence that does not solve the problem, or the desire to talk, does not want to talk to married life. This information was presented based on approximately 350 interviews of newly-married couples.

Another text was published in the 2014 Communication Monograph Journal. It has been said that the couple who got silence from the partner in exchange for talking about any subject, they are not very happy in the married life. Researcher Paul Seed said it is a very difficult subject. Because both husband and wife are responsible for the problems caused by each other. Not to blame each other, we should look at how much effort is being made to solve the problem. It is important to speak freely in order to overcome the difficulties of married life while keeping respect and respect for each other.

Negative representation of bridal life:

The University of Washington researcher Gottman and other researchers organized an interview entitled ‘The Oral History Interview’. There the couples are told to talk about different aspects of their married life. By reviewing and reviewing the couple’s comments, researchers were able to predict which couple were moving towards a Divorce Law In Bangladesh In 2000 a text was published in the Journal of Family Psychology. With 95 newlyweds’ oral history interviews, they have been examined to find out how strong the couple’s marital bonding is stronger or weaker.

The topics that have been reviewed are:

 1. Love each other, love samples

2. Which of the couples is more emphasizing the word ‘we’? And who is repeatedly saying ‘I’.

3. Being able to explain each other’s statements in detail.

4. Negative Speech

5. Frustration on marriage or married life.

6. Who is describing their marriage as a ‘disturbance’.

Along with the West, divorce has increased sharply in Bangladesh in the last few years. Divorce has been implemented only in the northern city corporation of 3,530 in 2015!

In both cases, it is dangerous for both parties, whether in a family or in love. There is a great difference between staying in the restaurant for a few hours or two days a week and staying under a roof after marriage. No matter how familiar you are, it is only after marriage that a person is deeply recognized. Those who are not respectful to each other in married life, want to influence the partner, they can not be happy. On the other hand, in the case of a married family, two unrelated people play a very important role in the separation of marriage, as well as those of previous love relations, secret truths, suspicion trends, lack of understanding, lack of understanding or relation of fear due to fear.

Some normal reasons for divorce:

Unbelief: Belief in the foundation of marriage. Through marriage, two people are committed to the promise of living together with a lifetime belief. But whenever one person cheats or conceals something, then comes down unbelief. And once the unbelief about such a strong but sensitive person, it does not take much time to form a separation.

Extra hassles: Extra quarrels between husband and wife are another important reason for divorce. Usually, people do not have a head during a quarrel. As a result, they can make any decision at this time. Apart from this, the other quarrel also damages the relationship between husband and wife.

Unrealistic expectations: Unrealistic expectations spoil any relation of humanity. The relationship between the two of the couple is to be married, so the importance of both should be sought. But when a certain expectation arises among somebody, then divorce is the only one.

Torture: Divorce is an important reason for this. Physical or psychologically tortured one another, with the weakness of marriage. Currently, there is more divorce due to our country.

A divorce in Dhaka every hour:

The divorce application is increasing in Dhaka city. Applying for one divorce per hour. Figures that were analyzed in the last six years were found. The divorce application was the highest in the North City Corporation area – about 75 percent. South City has risen 16 percent. The compromise in the two cities is less than 5 percent.

In the last six years, more than half-year higher divorce petition has been filed in North and South City Corporation of Dhaka. This is an average of 736 months a month, more than 24 hours a day and divorce are being applied for hours.

The biggest reason for divorce is not to ‘do not get spoiled’ between husband and wife. The reason behind the application of the wife is that the husband’s suspicious attitude, relationship with a progenitor, dowry, going back out of the country and coming back, drug addiction, addiction on Facebook, irrelevance, personality conflicts, Husband is divorcing his wife, disobeying her husband, not following Islamic rule, indecision, indifference to the family, and not being a child.

The trend of divorce law in Bangladesh is increasing as a whole country. According to the Bangladesh Bureau of Statistics (BBS), the trend of divorce has increased by 34 percent in the last seven years. The divorce between educated husband and wife is increasing. This picture was found in the results of The Situation of Vital Statistics of BBS published in June. It has been found that, on average, there were 1.4 divorces per 1,000 people in the age group of 15 years of age. Which was 1.5 in 2016? At present, Barisal division is the most divorced (2.7) and the lowest is in Chittagong and Sylhet division (decimal 6).

Incident of divorce cases according to Dhaka City Corporation:

Recent studies have revealed that most divorced incidents are happening on behalf of girls, which is 66 percent. The incidents of divorce are happening in high and low-income families. According to the calculation of Dhaka City Corporation, 8144 couples have died in the capital in 2014. Earlier, divorcing between 7672 couples in 2012 610 couples divorced in January 2015 Of them, 426 divorces were made by the wife. 598 couples have been divorced in the area -3 areas of ​​Gulshan, Banani, Mohakhali, Badda, Magbazar, and Rampura in the north of Dhaka City Corporation. In between, the husband gives a divorce and 233 wives and 363 wives.

Divided between 255 couples from the year of 2015 in the South Zone-4 area of ​​Dhaka City Corporation, formed in half of the capital, Sutrapur, Bangshal, Nawabpur, Kaptan Bazar, Nazirabazar and Lalbagh. Of these, 173 wives and 85 divorces have been filed on behalf of their wives. In the same year, 291 couples have been divorced in the same area. Of these, 184 divorced has been given by the wife. (Source: News of the local newspaper)

Two city corporation information says divorce petition is increasing on behalf of the wife. Nearly 70 percent of the application of divorce in north and south is from the wife. In other circumstances, the educated and wealthy women of Uttara City Corporation’s Gulshan and Banani elite families apply for more divorce due to their husband’s unmarried relationship, social tension, and other women. Again, in the south of the city, Mohammadpur, Karwan Bazar area occupational women give more divorce.

Conclusion

 Whenever there is a Muslim or a Hindu in the context of Bangladesh, when there is no marriage between a husband or a wife, or if the wife has an adverse attitude towards her husband, then if the husband wants to divorce her husband, then the wife tries to harass her husband by torturing her or dowry. In this case, the wife gets a lot of honor from the wife for giving her husband the support of social cohesion.

Therefore, in order to prevent women from getting rid of women in the case of divorce, the husband must be easily protected from the case of false women’s oppression, if he decides through social and social decisions before divorcing his wife. After this, the husband’s decision to divorce such a separation can be surrendered to the court. Sociologists see the number of divorce law in Bangladesh increasing day by day as a ‘threat’ for social bonding. Analysts have blamed the house due to lack of piracy, adultery, lack of moral education, lack of mutual communication, television channels like Star Jalsa and technology. So let’s get involved in our own religious and cultural culture, create a happy family.

 

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