RESTITUTION OF CONJUGAL RIGHTS IN BANGLADESH

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the restoration of conjugal rights can also be given under section 32 of the Act if either the husband or the wife has withdrawn from the society of the other without a valid excuse may apply by petition to the District Court or the High Court Division, for restitution of conjugal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

The Difference between Muslim, Hindu, Christian, Buddhist, and Atheist divorce is that only Muslim Law recognizes divorce between a married couple. Hindu and Christian law considers marriage as a sacred relationship and does not allow divorce or dissolution of marriage. However, 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.

As per the legal ground of Divorce in Bangladesh, there are many statues related to Marriage and Divorce for the Muslims. A per the Muslim law, both Husband and wife can file for divorce on various grounds. Christian Divorce Act also provides divorce procedures where the grounds for divorce vary for husband and wife. On the other hand, A Hindu woman can seek for separation and maintenance from her husband upon fulfilling some grounds that are mentioned in The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946. A Hindu couple can also seek judicial separation by filing a petition at the family court. As for the Atheist, the Special Marriage Act and the Divorce Act shall prevail for them in matters related to Marriage and Divorce. The Family Court Ordinance, 1988 does not only apply to the Muslim communities only but to all citizens irrespective of religion. Therefore, all the marriage and divorce-related issues shall be dealt with under this ordinance. However, there needs to be a lot of amendments to the existing laws on divorce. Separate laws on marriage and divorce are needed for Hindu and Buddhist people residing in Bangladesh.

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