DIVORCE LAWS AND PROCEDURE FOR AN ATHEIST IN BANGLADESH

Atheism is a lack of belief in the existence of a God or Goddess. “Atheist” is a person who does not believe in the presence of a god or gods and an atheist does not profess any religion.

In Bangladesh, there is no separate law for marriage and divorce for the Atheist. However, In Bangladesh, there exists a law on marriage known as the Special Marriage Act, 1872. This Act is applicable for Marriages which are celebrated between persons neither of whom professes any religion such as, Hindu, Muslim, Buddhist, Jaina, etc.

Relevant Statutes:

  • Special Marriage Act, 1872
  • Divorce Act, 1869
  • The Family Courts Ordinance- 1985

As mentioned in section 2, of the Special Marriage Act, a person who does not profess any religion may get married under this under by fulfilling the following conditions:

  • A party must not be previously married and have a husband or wife living at that time.
  • The age of man shall be 18 years and women shall be 14 years of age.
  • If any party being under 21 years, shall get the consent of their guardian for marriage.
  • The parties must not be within the degree of consanguinity

Moreover, Section 17 of this Act mentions the application of Divorce Act 1869, for those who contract marriage under this Act. It states that A marriage may be declared null or dissolved in the manner provided under the Divorce Act. Therefore, an Atheist residing in Bangladesh can file a divorce petition as per the provisions of The Special Marriage Act, 1872, and The Divorce Act, 1869.

The procedure and steps for filing divorce by an Atheist are discussed below:

Step 1

Under the provisions of the Divorce Act 1869, Section 3, any husband may file a petition to the District Judge’s Court or the High Court Division to dissolve his marriage on the ground that his wife has been guilty of adultery.

In the same way, as per section 10, a wife can make such a petition to any court for dissolution of marriage on the grounds as follows:

  • If the husband has converted to any other religion and has married any other woman.
  • If the husband has been guilty of adultery
  • If the husband has been guilty of the marriage of with another woman
  • If the husband has been guilty of rape or bestiality
  • If the husband has been deserted for 2 years along with adultery
  • If the husband been guilty of cruelty along with adultery

Step 2

As mentioned in section 12 of the Act, After filing the petition, If the court is satisfied based on the facts of the alleged ground and is confident that the allegation is not collusive or that there is no condonation of the alleged ground of filing the divorce, an order for dissolution of the marriage shall be given.

However, If the court is not satisfied based on the facts of the alleged ground and is confident that the allegation is collusive, the District Court shall dismiss the petition, and, in that case, a similar petition could be filed at the High Court Division.

Step 3:

Once the court is satisfied that the grounds for divorce are genuine then the District Court shall pronounce a decree for dissolution of marriage. However, the decree is subject to review by the High Court Division as mentioned in section 17 of the Act, and will not be confirmed until the expiration of six months from the pronouncement of the decree. The Board of Three Judges of the High Court Division may, by majority judgment, accept such a decision after hearing and taking further evidence if necessary.

Nullity of Marriage

On the filing of the petition by husband or wife, order for the nullity of marriage may be issued by The District Judges court or the High Court as mentioned in section 19 of the Act. As per this section, either of the two courts may issue an order for nullity of marriage on any of the following grounds:

  • When the respondent is impotent.
  • When the parties are within the prohibited degree of relationship
  • When one of the parties was lunatic during the time of marriage
  • If the former husband or wife of either party was alive during the married and the marriage between them was in force at that time.

However, to nullify the marriage, the court shall be satisfied that the consent of either party was not obtained by force or fraud.

Judicial Separation

Judicial Separation is another process for obtaining a divorce. Under section 22 of the Divorce Act, a Husband and wife can also seek judicial separation from either of the courts. Section 22 and 23 of the Divorce Act, 1869 deals with the petition for judicial separation to the High Court Division or the District Court on the grounds of Adultery, Cruelty, and desertion for two years or more without any reasonable ground.

Such an order for judicial separation may be reversed by the court on the basis that it was inflicted in the absence of the parties and that there was a reasonable excuse for the alleged desertion as mentioned in section 26 of the Act.

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