Legal Question in Family Law in Bangladesh

Respectable Lawer,

Assalamualikum,

I want to know for your legal advice about one married Woman who is immigrant in Switzerland (through her husband). Her marriage registered in Bangladesh, she is seeking divorce from her husband in Bangladesh without any strong valid reason. What is the legal procedure for Divorce? In her kabinnama she has right to ask divorce from her husband if her husband marry another woman without her permission, but he didnot marry anybody. If her husband doesnot want to divorce her, than what will happen? And also I want to know, in this situation, i mean when wife ask divorce from her husbaband, is husband obligated to pay her non-paid (rest of) Mahar or Is husband may ask any kind of economic Compensation from his wife by legal way? Is this civil court dissolution of her marriage contradicted by Bangladesh Muslim family law or Islamic Shariah?

thanks a lot for reading my question,

with best wishes.


Asked on 9/30/09, 3:01 pm

1 Answer from Attorneys
Abdullah Al Mubin

To make a divorce legally, man/woman has to send notice of dissolution of marriage to city corporation/union parishad and also to his/her spouse. C corp/up will initiate a case and try to bring them to a settlement. If ccorp/up�s initiative fails, divorce will be automatically effected after 90 days of receiving the notice by ccorp/up.

If a woman does not have the power to seek divorce from her husband and her husband does not want to do so, she may go to court for dissolution of her marriage on some valid grounds.

Usually it is stated in the kabinnama that how much money is to be paid on demand and how much is ot be paid on dissolution. Mere asking for divorce will not entitle a woman for getting that part of mohr which is to be paid on dissolution. She may claim that part which is to be paid on demand, if not already paid. A man can not legally claim any compensation or discount on mohr.

Civil court does not exercise any power contradicting shariah law. Before granting any dissolution it will look into valid ground, if there is any.

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Answered on 10/02/09, 2:03 am


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