Legal Question in Family Law in Bangladesh

Dear sir/madam, I married my girlfriend in 2008 after 8 years affair. As we both were student, we did it without informing our guardian and register in a Qazi office. Due to some quarrel, my girlfriend decided to divorce me. We went to the same Qazi office and they took a sign each of us in a register book. Then they said about Iddat time of 90 days. We didn't get any certificate or legal document from them or from court. But they give us a kabinnama and a marriage certificate when we got married. We also sign in the marriage certificate which was a stamp paper. But we didn't signed in any legal stamp paper during our divorce process except the Qazi office registry book. Now we are confused about our marital status. Are we divorced or not. We submit the kabinnama and marriage certificate during divorce. My lovely ex-wife is going to marry someone else. Now I am tensed about it. We should legally clear before next step. I want to know few answer of my questions.

1. Only one signature from each of us in a registry book of a Qazi office is enough for a divorce?

2. Is there any legal document or stamp paper which we need to sign for a divorce?

3. If the divorce isn't correct, did she able to marry someone else?

4. She is hiding our marriage from her fiance. Is this marriage legal or not? If not, what can do by her fiance?

5. Can we get 2 copy of our marriage certificate and nikahnama from Qazi office?

6. If the divorce isn't correct, what step should we take now to confirm it? Do we need to divorce again with 3month iddat time?

7. Are they(Qazi office) going to provide any kind of divorce certificate to us?

Please inform me as early as possible.


Asked on 2/13/13, 4:03 pm

1 Answer from Attorneys
Abdullah Al Mubin

the mandatory provision of making a divorce is to issue notice of divorce to the counterpart and then to wait for 90 days (iddat period). Without doing so a kazi cannot register a divorce. In your case a divorce may only be valid if both of you sign the registry book admitting the prior issuance of notice. Now go to the marriage registrar, ask for the divorce certificate. he is bound to provide you a certified copy if it is a valid divorce.

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Answered on 2/14/13, 7:53 am


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