Divorce Lawyers in Bangladesh
The dissolution of marriage in Bangladesh is governed by Dissolution of Muslim Marriages Act 1939, Dissolution of Muslim Marriages Act 1968 and Divorce Act 1869. The work of a divorce lawyer in Bangladesh works around the scope stated above. The role of a Divorce Lawyer in Bangladesh is an imminent requirement due to the diversified causes for divorce, as many different legal issues may arise out of the separation.
Procedures for Divorces in Bangladesh in Brief and the Need of a Divorce Lawyer
The procedure for executing the divorce for both Husband and Wife are same in Bangladesh for muslims, provided that the wife has been delegated the power to give divorce at the time of the marriage, therefore the work of a divorce lawyer in Bangladesh has to adapt while proceeding the dissolution for Muslims are the same. The followings are the step by step procedure for Divorces in Bangladesh for muslims.
Step - 1 (Send a Divorce Notice)
To execute the divorce, the husband/wife needs to give a notice to the Chairman with the help of divorce lawyer in Bangladesh (i.e. Chairman of the Union Parishad or the Chairman of the Paurashava or the Mayor or Administrator of the Municipal Corporation), and a copy to the other party.
Step - 2 (Wait for ninety days of Iddat Period)
The Chairman, within thirty days from the date of receiving the notice, shall form an arbitration council, in order to reconcile between the parties, though it is not mandatory for parties to appear in the reconciliation.
Step - 3 (Collect and retain the certified copy of the Divorce)
The Divorce shall be effective after expiry of ninety days (Iddat period) from the date of notice, and the parties shall collect the registered certificate from the relevant government office.
Points to be noted while giving divorce
- If the wife is pregnant at the time of divorce, the divorce lawyer in Bangladesh may halt the divorce that shall not be effective until the completion of ninety days or the pregnancy, whichever is later.
- At the time of the divorce, the husband needs to clear all the unpaid Dower Money (Mohrana), if any, to the wife. As per the law, the husband is also responsible for paying the maintenance of the wife for the Iddat period.
Divorce Lawyer in Bangladesh | Procedure for Divorce by Christians in Bangladesh
The procedures of divorce initiated by the divorce lawyer in Bangladesh for Christians are governed by Divorce Act 1869. According to the Act a husband or the wife can present a petition to the District Court or to the High Court Division, praying that his or her marriage to be dissolved or declared null and void.
To know more about procedure for Christian Divorces in Bangladesh, please click here to read our guide on step by step procedure for christian divorces in Bangladesh.
Most of the divorce and family matters in our country involve issues like Dower Money (Mohrana), the maintenance amount to be provided by the husband and some other issues criminal in nature. It is also been revealed that in most of the cases some portion or the entire Dower money remains unpaid and thereby it becomes the duty of the lawyers to ensure that the wife gets the Dower Money before completion of Divorce. The lawyers also need to inform the husband that he needs to bear maintenance of the wife for the first three months after issuing the Divorce Notice (Iddat) and the maintenance of the children if any. Nari-O- Shishu Nirjatan Daman Ain, 2000 and Dowry Prohibition Act, 2018 also plays a major role in Divorce cases. In fact in 90% divorce cases the wife after getting a Divorce Notice, served by her husband, initiates a criminal case against her husband without admitting about the Divorce Notice, under the above mentioned Acts, by showing the date of occurrence before the date of Divorce Notice.
Since most of the divorces give rise to various legal issues, divorce lawyers in Bangladesh are very helpful to show you a safe way out without facing a lot of legal and procedural complexities. But before contacting the lawyer one should make sure that Divorce is the only available way to resolve the problem.
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