Christian Divorce Laws and Procedures in Bangladesh
This post shall guide you to understand the Christians Divorce Laws in Bangladesh and also Christian Divorce Procedures in Bangladesh. The post shall stipulate step by step procedures for divorce, legal separation or judicial separation of Christians under the laws of Bangladesh.
Divorce is a common word in our present society which literally means the termination of a marriage. However, in legal sense it means the legal termination of a marriage with ending all legal duties and responsibilities of matrimonial bond between the parties. With the increase of divorce in our society and increased complexities in the cases, the demand of having a good Family Lawyer in Bangladesh to get a divorce properly has become crucial. Since divorce laws generally falls within the specific category of family law or private law, therefore, in FM Associates we have a separate department with specialised Divorce Lawyers in Bangladesh who are ready to serve you.
In Bangladesh, divorce is governed under various laws on the basis of different religion. Accordingly, Christian divorce in Bangladesh is governed under Divorce Act, 1869. Under this act or law, the word Dissolution of Marriage has been used instead of Divorce. It is also noteworthy that beside divorces a christian can also sought for declaration of Nullity of Marriage (means the marriage itself is not valid) and Judicial Separation (for less serious reasons than divorce). We shall discuss all the grounds under the three possible mode for divorces for Christians in Bangladesh (Dissolution, Nullity and Judicial Seperation) along with the procedure below:
Christian Divorce Procedures and Modes in Bangladesh
There are three separate procedures of Christian divorces in Bangladesh under the Divorce Act, 1869. The procedures are as follows:
(i) Dissolution of Marriage
(ii) Nullity of Marriage
(iii) Judicial Separation
Therefore, a person professing the Christian religion can file a petition either to High Court or District Judge Court for seeking divorce by any of the three options under the Divorce Act 1869.
Christians Divorce Procedure | Mode - 1 Dissolution of Marriage
The first mode in regards to divorce procedure for christians in Bangladesh would be "Dissolution of Marriage". A petition for the dissolution of marriage can be filed by a husband or a wife.
Step 1 (Draft the Divorce Petition)
Prepare the draft of the petition that is to be filed to the relevant courts of choice since the choice of the contents is the most significant part of the dissolutions of marriage procedure.
Contents of a petition plays a vital role since it is the claims that must satisfy the court for the dissolution. The petition must draw the real picture very clearly and should base it on the facts upon which the claim to have such marriage dissolved is founded.
However, the grounds upon which a husband or a wife may petition for dissolution is not identical.
The grounds upon which a Christian husband may file petition for dissolution?
i) according to section 10 of the Divorce Act 1869, for dissolution of Marriage the only ground a husband can rely is by claiming that his wife has been guilty of adultery.
ii) claiming so, section 11 of the Divorce Act 1869 confers duty on any husband to make the alleged adulterer a co-respondent in his petition.
- The grounds upon which a Wife may petition for dissolution?
There are several grounds available to any wife who may petition for dissolution. The followings are the grounds
i) Firstly, a wife must also show that her husband has converted to any other religion from Christianity.
ii) has married another woman;
iii) has committed incestuous adultery;
iv) has committed bigamy with adultery;
v) has married with another woman with adultery;
vi) has committed rape;
vii) has committed adultery;
viii) has committed adultery coupled with desertion;
Step - 2 (File a Divorce Petition)
The second step is to file a petition for dissolution of marriage to the District Court or to the High Court Division. The choice is yours, however, if you want to ever a better standing considering the facts of your case, you must consult with a lawyer who is an expert in this field of law in order to find the best court and the one that better fit to sympathise with you. Understanding the attitude of the operative judicial mind is very important.
Step - 3 (Prove your claim with sufficient evidence)
If the court is satisfied that the ground/grounds raised in the petition is true on the basis of the evidence, then the court shall issue a decree with declaring such marriage to be dissolved.
On the other hand, if the court is not satisfied on the evidences, then it shall dismiss the petition. It is important to state that, the courts do not only consider the facts in the petition, it also takes into account other factors such as petitioner’s involvement, reaction and other things to the issue complained of.
Christians Divorce Procedure | Mode - 2 Nullity of Marriage
Divorce Act 1869 also allows a husband or wife to file a petition to the District Court or to the High Court Division seeking their marriage to be declared null and void.
Step 1 (Draft the Petition nullity of marriage)
The petitioner may obtain such an order or decree from the court if he/she can satisfy the court with regards to any of the following grounds:
(i) that his/her spouse (the respondent) was impotent (i.e. unable to engage in sexual intercourse/sexual relationship) at the time of the marriage and when the suit was instituted;
(ii) that their marriage falls within the “prohibited degrees of consanguinity or affinity”. This means, the petitioner must show that either they are related by the same blood relationship which includes half-blood relationships (e.g. father’s daughter or mother’s daughter etc.) or their marriage is prohibited based on their relationship (e.g. sister’s son or stepmother or stepfather etc.);
(iii) that either party (the petitioner or the respondent) was at time of the marriage was lunatic (unsound mind) or idiotic;
(iv) that during the time of the marriage between the parties, the former husband or wife of the either party was living and that marriage with the previous husband or wife was in force.
Step - 2 (File a Petition for Nullity of Marriage)
The second step is to file a petition for nullity of marriage to the District Court or to the High Court Division.
Step - 3 (Prove your claim with sufficient evidence)
Provide sufficient evidence in regards to the ground mentioned above to claim a decree in your favor.
Christians Divorce Procedure | Mode - 3 Judicial Separation
A husband or a wife may apply for judicial separation by petition to the District Court or the High Court. Judicial separation has the effect of a divorce. It is governed under section 22 of the Divorce Act 1869. The petition must contain the following grounds:
(i) adultery; or
(ii) cruelty; or
(iii) desertion without reasonable excuse for two years or upwards.
Upon the satisfaction of the court of the truth of the grounds claimed in the petition, the court may gran judicial separation.
Under section 34 of the Divorce Act 1869, a husband may file petition to claim damages from a person on the ground of his having committed adultery with the petitioner’s wife.