Divorce Law in Bangladesh was first passed in 1869 to help couples to get out of unsuccessful marriages. Since then several changes have been made to keep the laws relevant to the modern age. If one or both of the spouses want a divorce, they have to follow proper procedures set by the law to dissolve the marriage.
What are the grounds for getting a Divorce in Bangladesh?
There are several grounds to file a petition for divorce in Bangladesh. All of these grounds seek to prove the spouse as an incompatible person to be with. In court, if the spouse is proven incompetent, there are better chances of you getting the best deal out of the divorce. However, most divorce cases in Bangladesh are not fought in court. In that case, a reason should be given while filing for a petition, but it is not imperative to prove it.
The common grounds for a divorce petition are listed below-
Physical, Psychological, or Emotional Abuse: If your spouse beats you, puts you through manipulation and humiliation, disregards or belittles your emotions, you will have the grounds to file for a divorce petition.
Infidelity: One can accuse their spouse of having an extramarital affair while sending them a legal notice for divorce.
Desertion: If a spouse is deserted without any valid reason for a long time, they can choose to file a divorce petition.
Insanity: One can plead that their spouse is insane or mentally unstable to maintain a marriage.
Monetary Issues: If your spouse deprives you of your money, causes you a financial loss, you can choose to file a divorce petition.
Drug Addiction: One can choose to be separated from a drug addict spouse. They can state it as a concern for safety, as the spouse might be risky while being under the suggestion of drugs.
Risk of Communicable Disease: If your spouse has a disease that you can contract by being around them, you can choose to be separated from them.
Sexual Issues: One can choose to get a divorce from a spouse who is impotent, sexually unfulfilling, and makes unjust or risky sexual demands.
Divorce Law in Bangladesh
Divorce law in Bangladesh includes some specific procedures that one has to go through to get a divorce. These procedures are common for people from all walks of life.
However, there are some differences in the religion specified divorce processes. For example, a Hindu or a Muslim may choose to get a divorce according to the rules of their religion.
General Divorce Proceeding: For a general divorce proceeding, one spouse has to file a divorce notice that will be sent to the other spouse. They can choose to face an arbitration board that can help bring the matter to a conclusion. If divorce is what they want, then they will have to wait ninety days for the legal proceedings to end to collect a divorce registration certificate.
Muslim Divorce Proceeding: A Muslim wife can demand her dower money with a divorce. The dower money is a promise of money that a Muslim man has to offer a Muslim woman before marrying her. Later, during the process of a divorce, the wife can demand the money to maintain her life.
Hindu Divorce Proceeding: Hindu family laws generally prohibit divorce procedures. However, a Hindu couple may seek a divorce with the help of the Hindu marriage act. This act permits divorce on all the common grounds such as infidelity, abuse, desertion, insanity, etc. There is also a section in this act that allows a wife to demand money from an impotent husband to sustain herself.
These are the basic divorce laws that are applicable in Bangladesh. Some more sections and clauses tackle more complicated issues. Most divorces get sorted out of court by a peaceful proceeding. However, it would still be prudent to consult a divorce lawyer to get legal advice. They will be well-versed in the laws to get you the best deal out of a divorce.
Other Legal Issues related to Divorce
Several issues may arise when a couple decides to part ways. It is a traumatizing process to get out of a marriage. It would be better for both spouses’ mental and emotional well-being if the divorce process goes smoothly. That is why it would be wise to consult a lawyer to oversee the divorce process both inside and outside the courtroom.
A common issue that arises from a divorce is the custody of the children. If both of the spouses want to bring up their children, the issue has to be solved in court. Here, a judge will decide which parent can be a better guardian to the children. The Financial, mental, and emotional capabilities of the parents have to be proven to win the custody of a child. One spouse would seek to disprove the other one’s claim to be a better parent.
Dividing money and property is another issue that must be dealt with during divorce proceedings. If a couple has joint business, funds, or property, a feud may rise about who gets to keep what. In this situation, having a good divorce lawyer will help you get the best deal out of the divorce.
Dower money is another issue in Muslim divorce proceedings. If the wife demands the money and the husband does not want to pay, the problem has to be solved in the courtroom. Both parties have the right to hire a lawyer who will fight their case in the courtroom. A skilled divorce lawyer in Bangladesh can expertly handle this issue.
Divorce law in Bangladesh has been set in place to help people be free of an unsatisfactory marriage. Lawmakers in our country try to keep the laws relevant to the current world. For this, several changes have been made to the laws and many more might be made in the future. A person has to know about these laws to have their right. A divorce lawyer in Bangladesh can make sure you get what is legally yours from a divorce.