DIVORCE LAWS AND PROCEDURE FOR HINDUS IN BANGLADESH

In Hindu personal law there is no mention of divorce or dissolution of marriage as Hindu marriage is considered a divine bond and a sacrament. In Hinduism marriage is, therefore, a sacred bond that cannot be broken by divorce by husband and wife. Thus, Hinduism puts high importance on marriage and does not approve of dissolution or divorce.

Relevant Laws and Provisions related to Hindu Divorces in Bangladesh

  • The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946
  • Hindu Marriage Registration 2012
  • Hindu Marriage Registration Rules, 2013 (Please email us to get a copy of the same at info@fmassociatesbd.com)
  • The Family Courts Ordinance- 1985

In Bangladesh, there exists no separate law on Hindu Marriage and Divorce. However, there is an Act named The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946. Under this Act, A Hindu married woman can ask for separation and maintenance from her husband upon satisfying the grounds that are mentioned in section 2 of the Act.

As per this section, a Hindu married woman shall be entitled to a separate residence and maintenance from her husband on either of the following grounds:

1. If the husband is suffering from a disease which is not contracted from his wife

2. If the husband behaves cruelly with his wife

3. If the husband abandoned his wife without her consent or desire

4. If he Re-Marries

5. If the husband converts to another religion other from Hinduism

6. If he keeps a mistress or lives with her

7. For other justiciable reason

However, a Hindu wife shall not be entitled to a separate residence or maintenance if she converts to any other religion or fails to comply with the order of the competent court for the restitution of conjugal rights.

Dissolution of Marriage

Instead of Divorce, a Hindu couple can file a petition at the Family Court to obtain Dissolution of Marriage under section 6 The Family Courts Ordinance- 1985.

The steps for obtaining a dissolution of marriage is described below:

Step 1 | File a Case

A husband or wife can institute a suit under the ordinance by presenting a plaint at the family court for dissolving the marriage. The plaint shall disclose material facts related to the dispute between the husband and wife.

Step 2 | Contesting the Written Statement

At a fixed date the parties shall be present at the Family Court. The defendant shall present his written statement along with supporting documents.

Step 3 | Examination of the Petitions

Within 30 days of submission of a written statement, the court shall fix a date for pre-trial proceeding. In the pre-trial hearing examine the petition along with other documents and attempt for reconciliation if possible.

Step 4 | Framing of the Issues

After that, if the court fails to reconcile between the parties then issues shall be framed and a date shall be fixed within 30 days.

Step 5 | witness Examination

On the fixed date the court shall examine the witness and record the evidence.

Step 6 | Discussion of Negotiations between the Parties

After the recording of evidence of the parties and the witnesses, the court shall once again make an effort to reconcile between the parties to the suit.

Step 7 | Decree for Dissolution of Marriage

After that, if the court is satisfied that the parties shall be granted dissolution the court shall do so by enforcing a decree for dissolution of the marriage between the parties.

An aggrieved party may appeal against the decree passed by the Family Court.

Registration of Divorce

Hindu Marriage Registration Act, 2012 and Hindu Marriage Registration Rules, 2013 was introduced to validate the registration of marriage between Hindu couples. Registration of marriages under Hindu law was not possible in Bangladesh until the adoption of the Hindu Marriage Registration Act, Under this Act, the rules were laid down in the Hindu Marriage Registration Rules, 2013.

There was no mention of registration of marriage in the Hindu system of marriage. Without registration, a marriage could not be proved, and as a result dissolution of marriage was not possible. Section 3 of the act suggests that such registration is discretionary, and the marriage will be considered as valid even if it has been not registered. Section 6 of the Act talks about the procedure of marriage registration. The registration shall be completed as soon as the marriage has been solemnized and either party may apply for the Registration. Previously, there was no marriage registration for Hindu couples, making it impossible to confirm the relationship from a legal perspective.

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