This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise in commercial law, family law, employment law, land law, banking law, constitutional law, criminal law, and IPR.

Query

I am a 30-year-old Christian woman and a citizen of Bangladesh. I have been married for the past 4 (four) years and have no children out of the wedlock. Since the beginning of our marriage, we have many differences and it was never a happy marriage. Regardless of the fact, I was optimistic to continue the marriage and waited this long enduring the pain and suffering every day. Unfortunately, it is going worse day by day and has no hope whatsoever. Now I decided to seek divorce from him and want to get out of this disaster. Please let me know that whether or not divorce is allowed in Christian law for a woman and if yes then he whole procedure of divorce for a Christian woman in Bangladesh.

Anonymous

Response

Thank you for your query. Marriage and divorce related issues in Bangladesh are governed by the respective religious laws of the persons involved. Accordingly, the divorce of a Christian women or men shall be governed by the religious laws of the Christian. 

It is necessary to mention here that generally divorce is not permissible under Christian law. The Divorce Act 1869, one of the oldest pieces of legislation prevailing in Bangladesh had done some limited intervention in allowing the divorce in very exceptional circumstances. The procedure for filing a divorce in order to end a Christian marriage in Bangladesh is discussed below:

The Divorce Act 1869 includes the provision for the dissolution of Christian marriage by order of the court only and not declaration of divorce by either side or by mutual consent. As stated, divorce is allowed on limited grounds for both men and women, but the grounds are far more restrictive for women. Christian men can divorce their wife if they allege that his wife is committing adultery, on the other hand women shall have to prove adultery with other commission of act/elements. Under the provision, a women can file a petition to the District Judge Court or to the High Court Division for the dissolution of her marriage on the grounds that her husband converted into another religion, guilty of bigamy or guilty of rape, sodomy or bestiality or married to another women or desertion for 02 (two) years without a reason excuse, or cruelty so on and so forth.

A District Judge can issue a decree for the dissolution of the marriage based on the evidence subject to the approval of the High Court Division under Section -17 of the Divorce Act 1869 and such confirmation shall not be given until the expiration of 06 (six) months from the pronouncement of the decree. Needless to say, it is a complex procedure to be followed in order to obtain a Christian divorce in Bangladesh.

Please be informed that the District Judge may dismiss the petition for dissolution of marriage in that case, you may file a similar petition before the High Court Division. The High Court Division comprising with 03 (three) member can issue an order of dissolution.

Alternatively, both man and women can seek for judicial separation in any of the courts i.e. District Court and High Court Division by filing a petition. Please note in this regard the husband and wife are still legally married but the couple is forbidden to live and co-habit together. You may file a petition for judicial separation on the ground of cruelty or adultery etc. under Section 22 & 23 of the Act.