Imagine there is a boy and a girl, two consenting adults, get married by their own wish. But their families don’t accept this marriage and wish the couple to get divorce. The guardians of the couple pretend to be accepting the marriage but in secret pressurize the couple to get divorce. This is very common scenario in Bangladesh. In this family dispute what can be done by that boy and girl is a matter of discussion of law.
In above situation the boy and the girl should get legal help from a family or divorce lawyer in Bangladesh. If a husband and wife don’t want divorce willingly then they cannot be forced to do so.
It should be noted, if a fake divorce notice prepared by a person(s) to separate a couple by divorce, then legal action can be taken against such culprit(s). So if a divorce notice send by someone’s name (without his/her consent and knowledge) then according to Bangladesh family law such person can deny and revoke such fake named notice when he or she will be aware of it.
A Common Scenario
There is a common scenario where living with in laws ruining marriage. It means, the girl/ wife being physically tortured by her parents or in laws family and pressurize to file a divorce against her husband, since in a society like Bangladesh generally a Girl is an easy target to be tempted or manipulated. In such case that girl can go to Family Court for legal action by accusing the culprit for such suffering and also claim for her Conjugal Rights in the same court.
In above conditions the most important thing the couple must do is trusting each other and keep the promises and commitments to each other. The couple should prioritize their safety and security and, in that regard, they should file a General Diary (GD) to the local Police Station. If either the husband or the wife get a divorce notice then he or she must verify the authenticity of such notice from Salish Parishad.
Whether there is a situation or problem arise among two families, it would be wise to handle such situation or solve such problem through dialogs within the family members. A divorce can only be effective when the husband and wife have clear approval on such matter.
If any one party to the marriage send divorce notice to other party because of some duress or pressure from any third party , then notice sender can legally withdraw that notice within 3(three) months from the date of sending that notice.
The marriage contract between two consenting adults is a valid contract under all circumstances if all the legal formalities and religious formalities are properly taken care of.
Legal Formalities
The legal formalities are as follows:
- Declaration or offer of marriage by one of the parties and acceptance (Kabul) by the other ;
- Minimum two witnesses must be present (in the case of a female witness, it will be counted as- 1 male=2 female) ;
- One person will be present as Guardian or informally called Ukil/ Ukil Baba of the parties ;
- Dower money or Denmahar (in Bangla) must be decided by the Guardian of the parties or by the Parties to the marriage ;
- The marriage has been properly registered , that is, parties to the marriage and witnesses properly and fully filled up the form and signed in the Marriage Registry Volume Book in front of the Kazi;
- The contracting parties received marriage registration receipt from Kazi.
The religious formalities are:
- The Kazi will recite Surah for marriage and ask for the consent of the parties to the marriage.
Conclusion:
If the marriage contract between husband and wife is valid then divorce between them can only be legally executed under satisfying all legal formalities that includes consent from at least husband or wife. Mere duress or pressure from third party may not be enough.
The content of this blog is for knowledge or information sharing purpose only and may not be relied on as legal advice. In terms of getting any legal help we always strongly advise to contact a professional lawyer. For professional legal help you can call or contact here.
Written By: Sheikh Saiful Islam Rajib
Advocate