STEP BY STEP DIVORCE PROCEDURE FOR MUSLIM HUSBANDS IN BANGLADESH

According to section 8 of the Muslim Family Laws Ordinance, 1961, if the wife gets right to divorce by delegation, she may exercise such right in the same manner as the husband (provided in section 7) so far applicable.

Moreover, Under the Dissolution of Muslim Marriages Act, 1939 a wife shall be entitled to obtain a decree for dissolution of her marriage under Section 2 of the Act. The grounds for a decree for dissolution of marriage under this section are as follows:

i. If the husband has been missing or not found for four years

ii. If for 2 years the husband has failed to provide his wife maintenance.

iii. If the husband has been sentenced to or imprisoned for 7 years or more

iv. If the husband has failed to perform a marital obligation for 3 years or more

v. If the husband was impotent or continue to be so.

vi. If the husband has failed to fulfill marital responsibility for 3 years or more

vii. If the for period of 2 years the husband has been insane and suffering from any other critical diseases

viii. If the wife was been married off before the age of 18 years and she repudiates the marriage before attaining 19 years of age.

ix. If the wife is being treated with cruelty by her husband which includes:

  • Habitual assault or physical torture
  • leading an immoral life
  • forces the wife to lead an immoral life
  • disposes of wife from her property
  • obstructing her in performing religious activities
  • does not treat his wife equally like the other wives (If the husband has several wives)

Or any other ground as provided in Muslim Law.

Moreover, The Muslim Marriages and Divorces (Registration) Act, 1974 mentions about registrations of Muslim marriage and divorce. As per section 6 of the Act, A registrar may register a divorce under Muslim Law on the application being made to him for registration.

In addition to this, when a wife has delegated the power to divorce her husband (Talaq-i-Tawfid), proof of such delegation shall be produced to the Registrar to register this type of divorce.

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