Divorce Laws: Rights and Processes
Course Overview

Divorce laws in Bangladesh are primarily governed by the personal laws of different religious communities, with some overarching civil laws applicable in specific cases. The process and grounds for divorce vary significantly depending on whether the marriage was conducted under Muslim, Hindu, Christian, or civil law. For Muslim marriages, divorce can be initiated by either spouse. The most common form of divorce is 'talaq', which can be pronounced by the husband. However, the Muslim Family Laws Ordinance 1961 requires that notice of talaq be given to the Chairman of the Union Council, followed by a 90-day reconciliation period. Women can seek divorce through 'khula' (mutual consent) or 'tafwid' (delegated right of divorce). The Family Courts Ordinance 1985 provides the legal framework for filing and processing divorce cases. Hindu personal law in Bangladesh traditionally does not recognize divorce. However, the Hindu Marriage Registration Act 2012 now provides for divorce in certain circumstances, such as cruelty, desertion, or conversion to another religion. Christian divorces are governed by the Divorce Act 1869, which allows for divorce on grounds such as adultery, cruelty, or desertion. For civil marriages conducted under the Special Marriage Act 1872, divorces are governed by the same act, which provides for divorce on grounds similar to those in Christian law. Regardless of the applicable personal law, issues such as child custody, alimony, and property division are often contentious in divorce proceedings.