Dear readers, this week Your legal advisor is Ishrat Hasan, Advocate, The Supreme Court of Bangladesh. She is Managing partner of the renowned law firm namely, 'The Law Consultant', Eastern Mansion, 67/9 Pioneer Road, Kakrail, Dhaka, which professionally deals mainly with corporate law, commercial law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. She can be reached at - cell: 01521515654 e-mail: ishrat.hasan@outlook.com
Query
I am an adult Muslim male. One of my relatives living in village, asked me about the legal procedure of pronouncing divorce. Somehow, i came to know that the traditional procedure of pronouncing divorce is superseded by Muslim Family law. now, i would like to know the procedure prescribed under that law.
Opinion
Thanks for your query. Many Muslim people in our country do not know about the correct procedure of procuring divorce.
The basic law of dissolution of Muslim marriage is governed by our personal law and the procedure of divorce applicable to Muslims are laid down in Section 7 of the Muslim Family Laws Ordinance, 1961 and the Rules framed there under. Section 7 of the Ordinance says, amongst others, -
(1).Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any from whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2)Whoever contravenes the provisions of sub section (1) shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to ten thousand taka or with both.
(3).Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (I) is delivered to the Chairman.
(4)Within thirty days of the receipt of notice under sub-section (1) the chairman shall constitute an Arbitration Council for the purposes of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends.
Under our personal law any Mohammedan of sound mind who has attained puberty may divorce his wife whenever he desires without assigning any cause.
The section of the Ordinance also does not mention any specific mode of pronouncement of talak nor is there any mention as to assigning any cause. But notice of talak pronounced must be given to the Chairman with a copy to the wife. Absence of notice will render the talak ineffective. The Arbitration Council in fact has no function except to take steps for bringing about reconciliation between the parties. Once written notice of pronouncement of talak is delivered to the chairman and the Arbitration Council was not constituted for any reason or it was constituted but reconciliation efforts failed, talak takes effect after the expiry of 90 days or if the wife be pregnant at the time of pronouncement of talak, after the pregnancy ends.
