DIVORCE LAWS AND PROCEDURE FOR BUDDHIST IN BANGLADESH

The Buddhist view of marriage considers marriage to be a secular affair and does not consider it to be a sacrament. In Buddhism, there are no restrictions on divorce, unlike Hinduism. Buddhists believe that, if a marriage causes suffering, it is better to get a divorce or dissolution. Buddhists are required to obey the personal laws laid down by their respective governments. In Bangladesh, there is no existence of Buddhist personal law and therefore no particular divorce law is followed by the Buddhists living in the country.

However, The Family law Ordinance, 1985 applies to everyone irrespective of their religion. This ordinance mentions about dissolving the marriage by instituting a suit at the family court.

Moreover, there exists a law on marriage and divorce known as the Special Marriage Act, 1872. This Act is applicable for persons who profess the Hindu, Buddhist, Sikh or Jaina religion.

Relevant Statutes:

  • The Family Courts Ordinance, 1985
  • Special Marriage Act, 1872

Dissolution of Marriage:

Instead of Divorce, a Buddhist couple can file a petition at the Family Court to obtain the Dissolution of Marriage under section 6 The Family Courts Ordinance- 1985.  The steps for obtaining a dissolution of marriage is described below:

Step 1

A husband or wife can institute a suit under the ordinance by presenting a plaint at the family court for dissolving the marriage. The plaint shall disclose material facts related to the dispute between the husband and wife.

Step 2

At a fixed date the parties shall be present at the Family Court. The defendant shall present his written statement along with supporting documents.

Step 3

Within 30 days of submission of a written statement, the court shall fix a date for pre-trial proceeding. In the pre-trial hearing examine the petition along with other documents and attempt for reconciliation if possible.

Step 4

After that, if the court fails to reconcile between the parties then issues shall be framed and a date shall be fixed within 30 days.

Step 5

On the fixed date the court shall examine the witness and record the evidence.

Step 6

After the recording of evidence of the parties and the witnesses, the court shall once again make an effort to reconcile between the parties to the suit.

Step 7

After that, if the court is satisfied that the parties shall be granted dissolution the court shall do so by enforcing a decree for dissolution of the marriage between the parties.

An aggrieved party may appeal against the decree passed by the Family Court.

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