Family Law and Divorce Disputes

Family Law in Bangladesh is the legal framework governing marriage, divorce, maintenance, dower, child custody, guardianship, inheritance, domestic disputes, and other personal matters. The structure of family law varies according to religious communities, with Muslim personal law primarily derived from the Muslim Family Laws Ordinance, 1961, the Family Courts Ordinance, 1985, and classical Islamic principles. Hindu and Christian communities follow their respective personal laws, such as the Hindu Marriage Act, 2012 and the Christian Divorce Act, 1869. Together, these laws regulate how marriages are solemnized, how spouses may dissolve their marriage, and how financial and custodial rights are determined. Family Law in Bangladesh functions under the administrative oversight of the Ministry of Law, Justice and Parliamentary Affairs, which supervises Family Courts, legislative updates, and judicial procedures relating to personal matters. Marriage registration and local-level family dispute processes are administered by the Ministry of Local Government, Rural Development and Cooperatives (LGRD), which supervises Union Parishads, City Corporations, and Municipalities that issue marriage, birth, and divorce certificates. In Muslim divorces, the Chairman of the Union Parishad or Ward Commissioner plays a statutory role in receiving divorce notices and initiating reconciliation processes. Divorce proceedings in Bangladesh follow structured legal steps. For Muslim couples, a divorce may occur through talaq, khula, or mutual consent, but must be formally notified to the Union Parishad Chairman or relevant local authority as required by the Muslim Family Laws Ordinance, 1961. A mandatory 90-day arbitration/reconciliation period applies before the divorce becomes final. Christian and civil law divorces must follow judicial procedures, whereas Hindu divorce is governed by statutory amendments permitting dissolution under specific grounds. Alongside divorce, related disputes—such as maintenance, dower (mohr), guardianship, and custody—are pursued through the Family Courts. The Family Courts, established under the Family Courts Ordinance, 1985, are the primary judicial bodies for resolving family disputes in Bangladesh. These courts hear cases related to maintenance, dower recovery, restitution of conjugal rights, divorce-related claims, child custody, and guardianship. Family Court judgments may be appealed before the District Judge Court, which exercises appellate jurisdiction in family matters. Further challenges, particularly involving constitutional or complex legal issues, may be heard before the High Court Division of the Supreme Court of Bangladesh. Family Courts also frequently employ Alternative Dispute Resolution (ADR) and mediation techniques to foster amicable settlements between parties.