How to Send Divorce Notice to Husband in Bangladesh

Divorce is a sensitive and complex legal process that requires adherence to specific laws and procedures. In Bangladesh, the process of sending a divorce notice to a husband is governed by the Muslim Family Laws Ordinance, 1961, along with other relevant statutes. This article provides a comprehensive guide on how to send a divorce notice to your husband in Bangladesh, including the legal framework, step-by-step procedure, and frequently asked questions (FAQs).

Legal Framework for Divorce in Bangladesh

In Bangladesh, divorce laws vary depending on religious affiliations. For Muslims, the Muslim Family Laws Ordinance, 1961 primarily governs the process of divorce. Under this law:

• A wife can initiate divorce if she has been delegated the right to do so by her husband through Talaq-i-Tafweez (delegated talaq).
• If no such delegation exists, she can seek judicial intervention under the Dissolution of Muslim Marriages Act, 1939, based on specific grounds such as cruelty or non-maintenance.

The process of sending a divorce notice is mandatory for both extra-judicial divorces initiated by the wife and judicial divorces filed through court proceedings.

Step-by-Step Guide: How to Send Divorce Notice to Husband in Bangladesh

Step 1: Understand Your Right to Divorce

Before initiating the process:

• Check if you have Talaq-i-Tafweez rights: Review your marriage contract (Kabin Nama) under Section 18 to see if your husband delegated his right of talaq to you.
• If not, determine whether you qualify for judicial divorce under the Dissolution of Muslim Marriages Act, 1939.

If you have Talaq-i-Tafweez rights, you can proceed with sending a unilateral divorce notice. Otherwise, you must file for judicial separation through family court.

Step 2: Drafting the Divorce Notice

The first step in initiating a divorce is drafting a formal written notice. The notice should include:

1. Your Name and Address: Clearly state your identity.
2. Husband’s Name and Address: Provide accurate details of your husband.
3. Reason for Divorce: Mention valid grounds for seeking dissolution of marriage (e.g., cruelty, non-maintenance).
4. Declaration of Intent: Clearly state your intention to dissolve the marriage.
5. Legal References: Cite relevant laws such as Section 7 or Section 8 of the Muslim Family Laws Ordinance, 1961.

It is advisable to consult an experienced family lawyer while drafting this document.

Step 3: Sending the Notice

Once drafted, follow these steps:

1. Send via Registered Post: Deliver one copy of the notice directly to your husband via registered post with acknowledgment receipt.
2. Notify Local Authorities: Submit another copy of the notice to:
   • The Chairman of your local Union Parishad or Ward Councilor.
   • Alternatively, submit it to any other authorized officer designated by local government authorities.

This ensures compliance with Section 7(1) of the Muslim Family Laws Ordinance.

Step 4: Arbitration Council Proceedings

After receiving your notice:

1. The Chairman will form an Arbitration Council within 30 days.
2. The council will attempt reconciliation between you and your husband during this period.
3. If reconciliation fails after three months (90 days), or if no arbitration meetings occur during this time:
   • The divorce becomes effective automatically after completing the mandatory waiting period (Iddat) unless otherwise delayed due to pregnancy.

Step 5: Obtain Divorce Certificate

Once reconciliation efforts fail and iddat ends:

• Apply for an official divorce certificate from either:
  • The Union Parishad Chairman,
  • City Corporation Mayor,
  • Or any authorized registrar under Section 6 of the Muslim Marriages and Divorces (Registration) Act, 1974.

This certificate serves as proof that your marriage has been legally dissolved.