Family Law in Bangladesh

Family law in Bangladesh governs personal matters such as marriage, divorce, child custody, and inheritance, often based on religious principles. Different communities follow distinct laws rooted in their religious traditions, but some secular laws apply uniformly. Lawyer Dhaka is here to give you an overview of the key aspects of family law in Bangladesh:

1. Marriage:

• Muslim Marriage: Governed by the Muslim Family Laws Ordinance 1961 and the Muslim Marriages and Divorces (Registration) Act 1974. Muslim marriages are considered a civil contract and require the consent of both parties, a specified dowry (mahr), and two witnesses.
• Hindu Marriage: Governed by the Hindu Marriage Registration Act 2012. Traditionally, Hindu marriages are sacramental, but this law provides for voluntary registration, which is crucial for legal recognition.
• Christian Marriage: Governed by the Christian Marriage Act 1872, requiring a religious ceremony and registration with the Registrar.
• Special Marriage Act 1872: Allows interfaith marriages or marriages where parties choose not to follow religious laws, subject to certain conditions.

2. Divorce:

• Muslim Divorce: Governed by the Dissolution of Muslim Marriages Act 1939 and the Muslim Family Laws Ordinance 1961. Divorce can be initiated by the husband (talaq) or the wife (khula or judicial divorce) and requires arbitration.
• Hindu Divorce: Traditionally, there was no concept of divorce in Hindu law, but modern practices may vary. The Hindu community in Bangladesh generally does not have a formalized system for divorce.
• Christian Divorce: Governed by the Divorce Act 1869, allowing divorce on specific grounds such as adultery, conversion, or cruelty.
• Special Marriage Act 1872: Provides a secular process for divorce for marriages under this act.

3. Child Custody and Guardianship:

• Muslim Law: Custody generally goes to the mother until a certain age (7 for boys, puberty for girls), with the father retaining guardianship. The best interests of the child are considered in disputes.
• Hindu and Christian Law: Governed by the Guardians and Wards Act 1890, which emphasizes the welfare of the child. Courts may grant custody based on the child’s best interests, regardless of religious practices.

4. Inheritance:

• Muslim Law: Follows the Islamic law of inheritance, where specific shares are distributed among heirs (e.g., sons, daughters, spouses) as prescribed in the Quran.
• Hindu Law: Governed by the Hindu Women’s Rights to Property Act 1937, traditional practices, and customs, often favoring male heirs.
• Christian Law: Governed by the Succession Act 1925, which provides for equal inheritance rights among children, regardless of gender.
• Special Provisions: The Government Servants (Conduct) Rules 1979 allows the nomination of heirs for government employees, overriding religious laws in specific cases.

5. Maintenance:

• Muslim Law: Requires husbands to provide maintenance (nafaqah) to their wives during marriage and after divorce (iddat period). Maintenance for children is also mandated.
• Hindu Law: Maintenance for the wife and children is guided by customary laws, but the Hindu Marriage Registration Act 2012 offers some legal backing.
• Christian Law: Maintenance is provided under the Divorce Act 1869 and the Succession Act 1925.

6. Family Courts:

• Family Courts Ordinance 1985: Establishes family courts in each district to resolve disputes related to marriage, divorce, maintenance, custody, and other family matters.

7. Adoption:

• Adoption Laws: There is no specific adoption law for Muslims, who follow the concept of guardianship (kafala) instead. Hindus, Christians, and other communities follow their religious or customary practices, with Christians governed by the Guardians and Wards Act 1890.

8. Dowry and Domestic Violence:

• Dowry Prohibition Act 1980: Criminalizes the demand for dowry, though the practice remains prevalent in some areas.
• Domestic Violence (Prevention and Protection) Act 2010: Provides protection for women and children against domestic violence, including physical, emotional, and economic abuse.

Family law in Bangladesh is a complex mix of religious and secular laws, reflecting the country’s diverse population and cultural practices. Courts often take a pragmatic approach, balancing religious laws with considerations of fairness and justice.