How a Wife Can Divorce Her Husband in Bangladesh: Talaq-e-Tafweez, Khula and Court Divorce

In this guide: The three routes compared · Talaq-e-tafweez: using column 18 · Khula: divorce by agreement · Divorce through the Family Court · After the divorce

The short answer

A Muslim wife in Bangladesh can end her marriage in three ways. If column 18 of her kabinnama delegates the right of divorce, she can divorce on her own (talaq-e-tafweez). She can agree a khula with her husband, usually returning some or all of the dower. Or she can ask the Family Court to dissolve the marriage on grounds in the Dissolution of Muslim Marriages Act 1939. In each case notice goes to the Chairman and the divorce takes effect after 90 days.

The three routes compared

Talaq-e-tafweez: using column 18

1. Check column 18 of the kabinnama. If it says the husband delegated the right of divorce, note any conditions written there.
2. Sign a written divorce declaration.
3. Send notice to the Chairman (or Mayor or Administrator) of the area, with a copy to the husband, by registered post with acknowledgement.
4. Wait 90 days. The Chairman forms an Arbitration Council to attempt reconciliation; it cannot stop the divorce.
5. Register the divorce with a Nikah Registrar and take certified copies.

If column 18 is blank or crossed out, this route is not available. Use khula or a court divorce.

Khula: divorce by agreement

In khula the wife asks for divorce and the husband agrees, usually in return for her giving up some or all of the denmohor or returning gifts. Write the agreement down, with the amount, custody and maintenance of children, and who keeps which belongings. Then the notice and 90-day procedure follows. A khula agreed under pressure, or one that takes away a child’s maintenance, can be challenged.

Divorce through the Family Court

Under section 2 of the Dissolution of Muslim Marriages Act 1939 a wife can ask the court to dissolve the marriage if, among other grounds:

• the husband’s whereabouts have been unknown for four years;
• he has failed to maintain her for two years;
• he took another wife without the Arbitration Council’s permission;
• he has been sentenced to imprisonment for seven years or more;
• he has failed to perform marital obligations for three years;
• he is impotent, or has been insane for two years or has a serious disease;
• she was married off before 18 and repudiated the marriage before 19, without consummation;
• he treats her with cruelty, including habitual assault, an evil life, forcing an immoral life, disposing of her property or obstructing her religion;
• any other ground recognised as valid under Muslim law.

After the decree the court sends a copy to the Chairman, and the divorce takes effect after 90 days.

After the divorce

• Iddat: three months, or until childbirth if pregnant. The husband owes maintenance for this period.
• Children: the mother keeps day-to-day custody of young children; the father must maintain them.
• Remarriage: after iddat, with the registered divorce paper.
• Dower: claim any unpaid amount in the Family Court; the time limit is generally three years.