- 01933353516
In Bangladesh, marriage and divorce are governed by personal laws that vary depending on religious beliefs and personal circumstances. Here’s an overview of how marriage and divorce are handled in Bangladesh:
Marriage
**1. Legal Requirements:
- Registration: Marriage must be registered with the relevant authorities to be legally recognized. This is done through the Marriage Registration Office or the Local Government Office.
- Documents Required: Typically includes national identity cards, proof of address, and a marriage certificate form. For specific details, consult with local authorities or legal professionals.
Muslim Marriage Process:
**1. Pre-Marriage Requirements:
- Consent: Both parties must give their free and informed consent to the marriage. The consent of the bride is crucial, and she must agree to the marriage of her own will.
- Mehr (Dower): A mandatory payment or gift given by the groom to the bride, which is stipulated in the marriage contract. It can be paid immediately or deferred.
**2. Marriage Contract (Nikah):
- Nikah Ceremony: The Nikah is a formal marriage contract conducted by an Islamic cleric (Imam) or an authorized person. It involves a verbal agreement in the presence of witnesses.
- Witnesses: The presence of two adult Muslim witnesses is required for the Nikah to be valid. Witnesses can be male or female.
- Marriage Registration: Although the Nikah is a religious ceremony, it is advisable to register the marriage with the local authorities to ensure it is legally recognized. This can be done at the Marriage Registration Office.
**3. Documents Required:
- National ID Cards: Identity proof of both parties.
- Proof of Address: Address proof of both parties.
- Nikah Nama (Marriage Certificate): The marriage contract document, which includes details of the Mehr and other terms agreed upon.
- Photographs: Recent passport-sized photographs of both parties.
**4. Post-Marriage Formalities:
- Marriage Registration: Register the marriage with the local authorities or the Marriage Registration Office to obtain a legal marriage certificate. This is especially important for legal and administrative purposes.
- Changes in Documents: Update any relevant documents, such as national ID cards and passports, to reflect the new marital status.
Rights and Responsibilities
**1. Rights of the Wife:
- Mehr: The wife has the right to receive the Mehr, as agreed upon in the Nikah contract.
- Maintenance: The husband is obligated to provide financial support and maintenance to the wife.
**2. Responsibilities of the Husband:
- Support and Maintenance: The husband is responsible for providing financial support, accommodation, and maintenance to the wife.
- Respect and Fair Treatment: The husband must treat the wife with respect and fairness.
**3. Property and Inheritance:
- Property Rights: The wife has the right to retain her own property and assets, which are separate from the husband’s assets.
- Inheritance: Islamic inheritance laws apply, which dictate the distribution of property and assets in case of death.
Divorce (Talaq) in Islam
**1. Types of Divorce:
- Talaq: The husband can initiate divorce by pronouncing Talaq (divorce) three times, with a waiting period (iddah) between each pronouncement.
- Talaq-e-Bid’ah (Irrevocable Divorce): A form of divorce where the husband pronounces Talaq three times in a single sitting. This type of divorce is considered final and requires a new marriage contract for reconciliation.
- Khula: The wife can seek divorce through Khula, where she initiates the divorce by returning the Mehr or agreeing to terms with the husband.
**2. Divorce Process:
- Pronouncement: The husband pronounces Talaq in the presence of witnesses and provides a written record if possible.
- Waiting Period (Iddah): The wife must observe a waiting period (usually three menstrual cycles) during which reconciliation is possible.
- Divorce Registration: It’s advisable to register the divorce with local authorities to officially document the dissolution of marriage.
Hindu Marriage: Governed by Hindu Marriage Act, 1955. It involves rituals and ceremonies as per Hindu customs, and registration can be done through the Marriage Registration Office.
Christian Marriage: Governed by the Christian Marriage Act, 1872. Marriage is conducted by a priest or clergyman, and registration is done at the church.
Divorce:
**1. Types of Divorce:
- Mutual Consent Divorce: Both parties agree to the divorce and file a joint petition in the Family Court. This is typically a faster and more amicable process.
- Contested Divorce: When one party does not agree to the divorce, the petitioner must prove grounds such as cruelty, desertion, or irretrievable breakdown of marriage.
**2. Procedures:
- Filing a Petition: The divorce process starts with filing a petition in the Family Court. The petitioner must provide grounds for divorce and supporting evidence.
- Court Proceedings: The Family Court will examine the case, and if the divorce is contested, a trial may be held to resolve disputes.
- Decree of Divorce: Once the court grants the divorce, a decree will be issued, finalizing the dissolution of the marriage.
**3. Maintenance and Alimony:
- Maintenance: The court may order one party to pay maintenance to the other, especially if one spouse is financially dependent.
- Alimony: In cases of contested divorce, alimony may be awarded based on the financial status and needs of the spouse.
**4. Children:
- Custody: The court decides on child custody based on the best interests of the child, considering factors like living conditions, parenting capabilities, and the child’s preferences if old enough.
- Child Support: The non-custodial parent may be required to provide financial support for the child’s upbringing.
Legal Assistance
**1. Law Firms and Consultants:
- Firms like Segunbagicha Consultancy offer services related to marriage and divorce, providing legal representation and advice.
- 01933353516
For individuals or businesses looking to engage with Segunbagicha Consultancy it’s advisable to reach out directly to their office for a consultation. They can provide detailed information on their services, fees, and how they can assist with your specific tax or financial needs.
- Address: 218, Shahid Syed Nazrul Islam Road (Purana Paltan Mor)) Tropicana Tower, 8th Floor, Room-B/1, Dhaka-1000.
- Hours: Sat-Thurs: 9:00AM - 6:00PM
-
Phone: 02-223386230
Mobile: 01933353510, 01933353515, 01933353516 - Email: info@segunbagicha.com