DIVORCE LAWS AND PROCEDURE FOR CHRISTIANS IN BANGLADESH

In Christianity marriage is considered to be eternal and lifelong union and therefore there is no mention of divorce or dissolution of marriage. Christian personal law also does not permit divorce. However, Christian divorce is possible on limited grounds. In Bangladesh, the Divorce Act of 1869 has mentioned provisions for the dissolution of Christian marriage by order of the court.

Relevant Statutes

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

The procedure and steps for filing a Christian divorce are discussed below:

Step 1

Under the provisions of the Divorce Act 1869, Section 3, any Christian husband may file a petition to the District Judge’s Court or the High Court Division to dissolve the marriage on the reasons 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 from Christianity and has married any other woman.
  • Adultery committed by Husband.
  • If the husband has been guilty of marriage with another woman.
  • 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 a 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:

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.

Nullity of Marriage

On the filing of a 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:

1. When the respondent is impotent.

2. Prohibited relationship by the parties.

3. When one of the parties was lunatic during the time of marriage

4. 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. Section 22 and 23 of the Divorce Act, 1869 deals with a 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. 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.

Restitution of Conjugal Rights:

An order fo this can also be given under section 32 of the Act if either the husband or the wife has withdrawn from the society of the other without a valid excuse may apply by petition to the District Court or the High Court Division, for restitution of conjugal rights.

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