MUSLIM FAMILY LAWS ORDINANCE, 1961 (Bangladesh)

An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws.

	WHEREAS it is expedient to give effect to certain recommendations of the Commission on Marriage and Family Laws; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

	Short title, extent, application and commencement		1. (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of 1[ Bangladesh], and applies to all Muslim citizens of 2[ Bangladesh], wherever they may be. (3) It shall come into force on such date as the 3[ Government] may, by notification in the official Gazette, appoint in this behalf.
	Definitions		4[ 2. In this ordinance, unless there is anything repugnant in the subject or context,- (a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with in this Ordinance: Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council; (b) “Chairman” means- (i) the Chairman of the Union Parishad; (ii) the Chairman of the Paurashava; (iii) the Mayor or Administrator of the Municipal Corporation; (iv) the person appointed by the Government in the Cantonment areas to discharge the functions of Chairman under this Ordnance; (v) where the union Parishad, Paurashava or Municipal Corporation is superseded, the person discharging the functions of such Parishad, Paurashava or Corporation or as the case may be, appointed by the Government to discharge the functions of Chairman under this Ordinance: Provided the where the Chairman of the Union Parishad or Paurashava or the Mayor of the Municipal Corporation is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or an other reason, unable to discharge the functions of Chairman the Union Parishad, Paurashava or Municipal Corporation shall elect one of its Muslim members or Commissioner as Chairman for the purposes of this ordinance; (c) “Municipal Corporation” means the Municipal Corporation constituted under the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982), or the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983), or the Khulna Municipal Ordinance, 1984 (LXXII of 1984), and having in the matter jurisdiction as prescribed; (d) “Paurashava” means the Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), and having the matter jurisdiction as prescribed; (e) “Prescribed” means prescribed by rules made under section11; (f) “Union Parishad” means the Union Parishad constituted under the Local Government (Union Parishads) Ordinace, 1983 (LI of 1983), and having in the matter jurisdiction as prescribed.]
	Ordinance to override other Laws, etc		3. (1) The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage 5[ * * *]. (2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940, the Code of Civil Procedure, 1908 and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.
	Succession		4. In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.
	Registration of marriages		5. [Registration of marriages.- Omitted by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974).]
	Polygamy		6. (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered 6[ under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)]. (2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto. (3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision 7[ * * *] to the 8[ Assistant Judge] concerned and his decision shall be final and shall not be called in question in any Court. (5) Any man who contracts another marriage without the permission of the Arbitration Council shall- (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to 9[ ten thousand taka], or with both.
	Talaq		7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form 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 term which may extend to one year or with fine which may extend to 10[ 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 (1) 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 purpose of bringing about a 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. (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective.
	Dissolution of marriage otherwise than by talaq		8. Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.
	Maintenance		9. (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking, any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband. (2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate 11[ * * *] to the 12[ Assistant Judge] concerned and his decision shall be final and shall not be called in question in any Court. (3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be recoverable as arrears of land revenue.
	Dower		10. Where no details about the mode of payment of dower are specified in the nikah nama, or the marriage contract, the entire amount of the dower shall be prescribed to be payable on demand.
	Power to make rules		11. 13[ (1) The Government may make rules to carry into effect the purposes of this Ordinance.] (2) In making rules under this section, 14[ the Government] may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to 15[ five hundred taka], or with both. (3) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Ordinance.
	Place of trial		16[ 11A. Notwithstanding anything contained in any other law for the time being in force, an offence under this Ordinance shall be tried by a Court within the local limits of whose jurisdiction- (a) the offence was committed; or (b) the complainant or the accused resides or last resided.]
	Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929)		12. In the Child Marriage Restraint Act, 1929,- (1) in section 2,- (a) in clause (a), for the word “fourteen” the word “sixteen” shall be substituted; (b) in clause (c), the word “and” shall be omitted; and (c) in clause (d), for the full stop at the end a comma shall be substituted, and thereafter the following 17[ new clauses] shall be added , namely:- 18[ “(e) “Municipal Corporation” means the Municipal Corporation constituted under the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982), or the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983), or the Khulna Municipal Corporation Ordinance, 1984 (LXXII of 1984), within whose jurisdiction a child marriage is or is about to be solemnised; (f) “Paurashava” means the Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), within whose jurisdiction a child marriage is or is about to be solemnised; (g) “Union Parishad” means Union Parishad constituted under the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), within whose jurisdiction a child marriage is or is about to be solemnised”.] (2) section 3 shall be omitted; (3) in section 4, for the words “twenty-one” the word “eighteen” shall be substituted ; (4) in section 9, after the words “under this Act”, the words “except on a complaint made by the 19[ Union Parishad or Paurashava 20[ or Municipal Corporation]], or if there is no 21[ Union Parishad or Paurashava 22[ or Municipal Corporation]] in the area, by such authority as the 23[ Government] may in this behalf prescribe, and such cognizance shall in no case be taken” shall be inserted; and (5) section 11 shall be omitted.
	Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939)		13. In the Dissolution of Muslim Marriages Act, 1939, in section 2,- (a) after clause (ii), the following new clause (iia) shall be inserted, namely:- “(iia) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;”; and (b) in clause (vii), for the word “fifteen” the word “sixteen” shall be substituted.

MUSLIM MARRIAGES AND DIVORCES (REGISTRATION) ACT, 1974 (Bangladesh)

  An Act to consolidate and amend the law relating to Registration of Muslim marriages and divorces.

	WHEREAS it is expedient to consolidate and amend the law relating to registration of Muslim marriages and divorces; It is hereby enacted as follows:-

	Short title and application		1. (1) This Act may be called the Muslim Marriages and Divorces (Registration) Act, 1974. (2) It applies to all Muslim citizens of Bangladesh wherever they may be.
	Definitions		2. In this Act, unless there is anything repugnant in the subject or context,- (a) “Inspector-General of Registration” and “Registrar” respectively mean the officers so designated and appointed under the Registration Act, 1908 (XVI of 1908); (b) “prescribed” means prescribed by rules made under this Act.
	Registration of marriages		3. Notwithstanding anything contained in any law, custom or usage, every marriage solemnized under Muslim law shall be registered in accordance with the provisions of this Act.
	Nikah Registrars		4. For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provided that not more than one Nikah Registrar shall be licensed for any one area 1[ : Provided further that the Government may, whenever it deems fit so to do, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed.]
	Solemnization of a marriage to be reported and registered		2[ 5. (1) Where a marriage is solemnized by the Nikah Registrar himself, he shall register the marriage at once. (2) Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of such solemnization. (3) Where solemnization of a marriage is reported to a Nikah Registrar under sub-section (2), he shall register the marriage at once. (4) A person who contravenes any provision of this section commits an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both.]
	Jurisdiction under this Act		3[ 5A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898), an offence under this Act shall be triable by a Magistrate of the first class.]
	Registration of divorces		6. (1) A Nikah Registrar may register a divorce effected under Muslim Law within his jurisdiction on application being made to him for such registration. (2) An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce: Provided that if the woman be a parda-nashin, such application may be made by her duly authorised vakil. (3) The Nikah Registrar shall not register a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the Registration Act, 1908 (XVI of 1908), by which the husband delegated the power of divorce to the wife or of an attested copy of an entry in the register of marriages showing that such delegation has been made. (4) Where the Nikah Registrar refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the Registrar on such appeal shall be final.
	Manner of registration		7. The Nikah Registrar shall register a marriage or divorce in such manner as may be prescribed.
	Registers		8. Every Nikah Registrar shall maintain separate registers of marriages and divorces in such forms as may be prescribed and all entries in each such register shall be numbered in a consecutive series, a fresh series being commenced at the beginning of each year.
	Copies of entry to be given to parties		9. On completion of the registration of any marriage or divorce, the Nikah Registrar shall deliver to the parties concerned an attested copy of the entry in the register, and for such copy no charge shall be made.
	Superintendence and control		10. (1) Every Nikah Registrar shall perform the duties of his office under the superintendence and control of the Registrar. (2) The Inspector-General of Registration shall exercise a general superintendence over offices of all Nikah Registrars.
	Revocation or suspension of a license		11. If the Government is of the opinion that a Nikah Registrar is guilty of any misconduct in the discharge of his duties or has become unfit or physically incapable to discharge his duties, it may, by order in writing, revoke his licence, or suspend his licence for such period, not exceeding two years, as may be specified in the order : Provided that no such order shall be made unless the Nikah Registrar has been given a reasonable opportunity of showing cause why that order should not be made.
	Custody of registers		12. Every Nikah Registrar shall keep safely each register maintained by him under section 8 until the same is filled, and shall then or earlier if he leaves the district or ceases to hold a licence, make over the same to the Registrar for safe custody.
	Inspection of registers		13. Any person may, on payment of the prescribed fee, if any, inspect at the office of the Nikah Registrar or of the Registrar any register kept in such office or obtain a copy of any entry therein.
	Power to make rules		14. (1) The Government may, by notification in the official Gazette, make rules to carry into effect the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) qualifications to be required from persons to whom licences under section 4 may be granted; (b) fees payable to a Nikah Registrar for registration of a marriage or divorce; (c) any other matter for which rules are required to be made.
	Amendment of Muslim Family Laws Ordinance, 1961 (VIII of 1961)		15. In the Muslim Family Laws Ordinance, 1961 (VIII of 1961),- (a) in section 3, in sub-section (1), the comma and words “, and the registration of Muslim marriages shall take place only in accordance with those provisions” shall be omitted; (b) section 5 shall be omitted; (c) in section 6, in sub-section (1), for the words “under this Ordinance” the words, comma, figures and brackets “under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)” shall be substituted.
	Repeal		16. The Muslim Divorces Registration Act, 1876 (Ben. Act I of 1876), is hereby repealed.
	Provision relating to existing Nikah Registrars		17. All Nikah Registrars licensed under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), before the commencement of this Act, shall be deemed to have been licensed as Nikah Registrars under this Act.

Cyber Crimes Related Laws in Bangladesh

The Government of Bangladesh has set up the Cyber Crimes Tribunal for trying persons accused of such offences. The Tribunal relies mainly on the Information and Communication Technology Act, 2006 for this purpose. Further on is a concise reflection on cyber crimes and respective punishments in Bangladesh. However, kindly note that the referred provisions of the 2006 Act have been unoffici

ally translated by the Author since the language of the original Act is Bangla.

Harming a computer or computer system:

The following among others shall be considered as “Harming a computer or computer system” as per S. 54 of the ICT Act, 2006:

1. Accessing into or assisting another to access into a computer or computer system or computer network in order to tamper with saved information or retrieve or collect data.
2. To infect or to attempt to infect a computer or computer system or computer network with malware or virus.
3. To intentionally create and/or to send spam emails for selling any product or service or any attempt thereof, or sending unsolicited emails etc.
4. To deposit or attempt to deposit service charges of one into the accounts of another by unjust Interference into a computer or computer system or computer network

A convict of the abovementioned offences shall be punished with imprisonment for at least 07 (seven) years which may extend to 14 (fourteen) years or with a fine which may extend to Taka 01 (0ne) crore or with both.
Publishing false, obscene or defamatory information:

It shall be an offence as per S. 57 of the said Act to publish or broadcast anything in electronic form which:

(i) is false and obscene or,
(ii) in a given context, if read, may influence another to turn deviant or dishonest, or
(iii) is defamatory
(iv) Interrupts with or is likely to interrupt with the law and order
(v) Derogates the public image of a state or person or hits or is likely to hit religious sentiments or by such information inciting against any person or association

A convict of the abovementioned offences shall be punished with imprisonment for at least 07 (seven) years which may extend to 14 (fourteen) years or with a fine which may extend to Taka 01 (0ne) crore or with both.

A victim of any of the above offences may resort to the Cyber Crimes Tribunal, which is bound to deliver its decision within 06 (six) months from the date of framing of charges.
However, it is pertinent to mention that as of October 2015, the Government of Bangladesh was formulating the Digital Security Act, 2015, which is expected to cover shortcomings of the ICT Act of 2006.

Dower : Muslim Marriage purspective

This is not to be confused with "dowry" which is an amount of money or property that a husband demands from his wife or her family at the time of the marriage or during their conjugal life. Dowry has been made illegal and punishable by the Dowry Prohibition Act of 1980.

matter". When a claim is made under a contract of dower (usually the marriage contract or Nikahnama as it is most commonly known), the husband is under a legal obligation to settle the amount, though it may be beyond his means. Dower is fixed to prevent a husband from divorcing the wife capriciously. (Zakeri Begum vs. Sakina Begum (1892) 19 IA 157. 165)

If the amount of dower is not fixed for whatever reason, as per case law, the wife will be entitled to 'proper' dower (mahr-i-misl), even if the marriage was contracted on the express condition that she will not be entitled to claim any dower. To determine what is proper, regard is to be had to the amount of dower settled upon other female members of her father's family. (Hamira Bibi vs. Zubaida Bibi)

Legal Protection in case of non-payment?

If the dower is not paid, the wife and her heirs upon her death, may sue for it. The period of limitation is a key consideration is here. A suit must be filed within three years after a demand/claim for the dower is disregarded.

Dower can be claimed during the life of a marriage or on dissolution. Where the woman is the divorcer, even that does not alter her right to claim her dower entitlement in full.

Legal status of Dower?

Dower is a form of unsecured debt in the strictest legal sense. In case of a husband's death before satisfaction of dower money, the widow is entitled along with other creditors of her deceased husband, to have it satisfied on his death out of his estate. The wive's right is not greater than an other unsecured creditor but she has a right of retention of possession of her husband's property until her dower is satisfied.


Dower is an absolute right and a necessary tool for the protection of women in Islam. In a world where women are entitled to half or more of the husband's property on dissolution of marriage in many western legal systems, our system's Dower may not be considered as adequate by many but the certainty of recovering Dower in the law is obviously appreciated.

Divorce : Only the legal way of terminating a Marriage (according to Bangladesh laws)

Divorce is the only legal way for terminating a Marriage. Simply divorce gives birth of many issues mostly legal issues consequently legal proceedings in different courts and the divorce lawyers/ divorce attorneys are the faithful and confident friend to the peoples for safe way out from such complications. In Bangladesh at the present days divorce has its non-comparable proposition for either side of the separating couples which is not an outcome of the law or rules for Divorce itself but for some extraneous issues.

The law and provisions for divorce as stated in the Muslim Family Law Ordinance, 1961 is the only codified law in Bangladesh dealing with the Muslims only. For the peoples of other religion like Christian and Buddhists there are different rules and laws but for the Hindus still there is no codified law in Bangladesh. The rules for marriage and divorce has been regulated by the legislative enactment proclaimed on considering as well as taking the personal laws on account for the Muslims called Shariah Ain. In the western world for divorce or separation the parties need lawyers or attorneys but so far in Bangladesh the parties do not always want to hire lawyers for divorce. Considering the economical and social aspect of Bangladesh it is still a long way far from the mutual separation or divorce like the first world though there is already law for mutual divorce.

Naturally when one party wants to separate from his/her partner in a very few cases the other party accepts the same which turns into a relation obviously not anything positive and then the party having passive part in divorce tried to stop the separation. In Bangladesh the Divorce Lawyers have been asked a very common question before starting divorce process is whether his partner can file a criminal case against him or not. Giving divorce to his partner is a statutory right of the husband recognized in laws and the same is an unconstrained right.

Those lawyers who are practicing family matters under the Family Court Ordinance, 1985 are introduced as Divorce Lawyers but none in Bangladesh are exclusively practice only Divorce Proceedings so divorce lawyers generally means the lawyers practicing family matters. There are very few law chambers or firms in Dhaka practicing family matters among those Lawyers Bangladesh is one of leading Family Law practitioner in Bangladesh. In our country most of the Divorce or family matters involved with the issues of maintenance, dower and some other issues criminal in nature. When we discussed the Divorce issues it is important to have a light on the issues relating Nari-O- Shishu Nirjatan Daman Ain, 2000 and Dowry Prohibition Act, 1980.

As a matter of fact in 90% cases where the husband served notice for divorce his partner/wife after being informed about the Divorce Notice initiated a criminal case against the notice sender and in all cases they didn’t admit about the Notice by showing a date of occurrence before the date of notice. Most of the time the criminal cases have been filed before the learned Magistrate who sends major portion of cases to the concerned Police Stations with a direction for taking legal steps after inquiry or to record the same as First Information Report (FIR). The sufferers who are implicated such false cases under some common sections of Acts 1980 and 2000 for example section 3 / 4 of Act 1980 and section 11 of Act 2000 a single allegation of demanding dowry by the Notice sender Husband.

The process of divorce is very simple in Bangladesh just in three steps to divorce for both Husband and Wife (When power of giving Divorce has been delegated in the Kabin) wanting separation:

i. Give Notice in writing;
ii. Face the Arbitration Board (Appeared or not don’t matter); and
iii. After expiry of 90 days take a registration certificate from a registered Nikah Registrar (Kaji).

Giving notice for divorce is itself a presumption that the Dower Money (Mohrana) has been paid in full but the fact is different as in most of the cases it has been revealed that portion or entire Den-mohr is unpaid and then it is the duty of the divorce lawyers to ensure payment of dower before completion of Divorce. One thing is also important at the time of initiating divorce process that is to inform the client about paying three months maintenance (Iddat) to the wife and other maintenance for the children, in this regard to avoid court proceedings the lawyer should have to communicate with the notice receiver side and all through try for negotiate all these monetary issues. For the wife above said three steps are applicable for divorce but practically and legally she is not in a position to pay any Dower Money to her Notice receiver Husband though she will be responsible for maintenance of her minor children. Finally it is to be said that the process of divorce is merely an official process guided by the Ordinance, 1961 but for smooth and safe ending of divorce process the person should have been advised to contact with your lawyer or an experienced Kaji but before starting such process make yourself sure that Divorce is the only and last way available for you to get rid.

Family Courts Ordinance- 1985 : Family Law (Bangladesh)

Section 5 of the ordinance provides that subject to the provision of the Muslim Family Law Ordinance- 1960 a family court will have jurisdiction over the following matter:

1. Dissolution of marriage
2. Restitution of congeal life.
3. Dower
4. Maintenance
5. Guardianship and custody of children.

Court Proceeding

After filing of the plaint when written statement is filed by defended in the court, the Court shall fix a date within 30 days for pre-trial hearing. On that date the Court attempt to affect a compromise or reconciliation between the parties, if possible. Compromise or reconciliation failed Court take evidence of the parties and deliver his decision.

Divorce/Talaq

According Muslim law if any person wishing to divorce his wife, shall as soon as may be after pronouncement of TALAQ in any form whatsoever, give the Mayor/Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. Within 30 days of notice Mayor/ Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties.

Wife’s Right of Divorce

An agreement made, whether before or after marriage, by which it is that the wife should be at liberty to divorce herself in specified contingencies is valid, if the condition are of a reasonable nature and are not opposed to the policy of the Muslim Law. When such an agreement is made, the wife may, at any time after the happening of any of the contingencies, repudiate herself in the exercise of the power. And a divorce will then take effect to the same extent as a talaq had been pronounced by the husband.

Maintenance of Wife and Children

After divorce wife is entitled to maintenance up to Iddat period. Which extend to three months. But wife’s refusal to obey reasonable instructions of the husband disentitles her to maintenance.
As per section 5 of the ordinance of 1985 it is not only the wife who can file a suit in a Family Court for her maintenance but also for the maintenance of her child.

2nd Marriage

According to section 6 of the Family Court Ordinance 1985 any person wants during the subsistence of an existing marriage to contact another marriage, he shall have to obtain first permission his existing wife and second permission from the arbitration council. Without which the subsequent marriage will be illegal and liable to punishment.

Dower

Mahr or dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.


As per the provision of Muslim Family Law ordinance, 1961 where no details about the mode of payments of dower are specified in the Nikanama, or the marriage contracts; the enter amount of the dower shall be presumed to be payable on demand. High court is fixed to prevent the husband from divorcing the wife capriciously.

Guardianship and Custody of Children

Right to mother to custody of infant children:—The mother is entitled to the custody of her male child until he is the age of seven years and of her female child until she ha attained puberty (18 years). The right continues though she is divorced by the father of the child. Unless she marries a second husband in which case the custody belongs to the father.

যৌতুক নিষিদ্ধকরণ আইন, ১৯৮০ (Dowry Prohibition Act, 1980)

৩। যৌতুক প্রদান বা গ্রহণের জন্য দন্ড (Penalty for giving or taking dowry) :

এই আইনের কার্যকারিতা আরম্ভ হওয়ার পর যদি কোন ব্যক্তি যৌতুক প্রদান বা গ্রহণ করে অথবা প্রদান বা গ্রহণে প্ররোচনা দেয়, তাহা হইলে সে কারাদন্ডে পাঁচ বত্সর পর্যন্ত হইতে পারে এবং এক বত্সরের কম নহে কারাদন্ডে বা জরিমানায় কিংবা উভয়বিধ দন্ডে দন্ডিত হইবে।
৪। যৌতুক দাবি করিবার জন্য দন্ড (Penalty for giving or taking dowry) :
এই আইনের কার্যকারিতা আরম্ভ হইবার পর যদি কোন ব্যক্তি ক্ষেত্রমতে বর বা কনের পিতামাতা বা অভিভাবকের নিকট হইতে প্রত্যক্ষ বা পরোক্ষভাবে কোন যৌতুক দাবি করে, তাহা হইলে সে পাঁচ বত্সর মেয়াদ পর্যন্ত বর্ধনযোগ্য এবং এক বত্সর মেয়াদের কম নহে, কারাদন্ডে বা জরিমানায় বা উভয়বিধ দন্ডে দন্ডিত হইবে।
৫। যৌতুক প্রদান বা গ্রহণের চুক্তি বাতিল গণ্য হইবে (Agreement for giving or taking dowry to be void) : যৌতুক প্রদান বা গ্রহণের যেকোন চুক্তিপত্র বাতিল বলিয়া গণ্য হইবে।
৬। স্ত্রী বা তাহার উত্তরাধিকারীগণের উপকারার্থে যৌতুক :
(এই ধারাটি ১ঌ৮৪ সনের ৬৪ নং অধ্যাদেশ দ্বারা বাদ দেওয়া হইয়াছে।)

৭। অপরাধ আমলে লওয়া (Cognizance of offences) :
১৮ঌ৮ সনের ফৌজদারী কার্যবিধিতে (১৮ঌ৮ সনের ৫ নং আইন) যেকোন কিছু থাকা সত্ত্বেও-
(ক) প্রথম শ্রেণীর ম্যাজিষ্ট্রেটের অধঃস্তন কোন আদালতই এই আইনের অধীন কোন অপরাধের বিচার করিবেন না ;
(খ) কোন আদালতই উক্ত অপরাধের তারিখ হইতে এক বত্সরের মধ্যে অভিযোগ আনয়ন করা ব্যতীত কোন অপরাধ আমলে আনিবেন না;
(গ) এই আইনের অধীন কোন অপরাধে দোষী সাব্যস্ত কোন ব্যক্তিকে এই আইন দ্বারা অনুমোদিত যেকোন দন্ড প্রদান করা প্রথম শ্রেণীর ম্যাজিষ্ট্রেটের জন্য আইনসম্মত হইবে।
৮। অপরাধ আমল অযোগ্য, জামিন অযোগ্য এবং আপোসযোগ্য বলিয়া গণ্য হইবে (Offences to be non-cognizable, non-bailable and compoundable) :
এই আইনের অধীন প্রতিটি অপরাধ আমল অযোগ্য, জামিন অযোগ্য এবং আপোসযোগ্য বলিয়া গণ্য হইবে।

৯। বিধি প্রণয়নের ক্ষমতা (Power to make Rules) :

(১) সরকার অফিসিয়াল গেজেটে বিজ্ঞপ্তি মাধ্যমে এই আইনের উদ্দেশ্যাবলী সাধনে বিধিমালা প্রণয়ন করিতে পারেন।

 
(২) এই ধারার অধীনে প্রণীত প্রত্যেক বিধি ইহা প্রণীত হওয়ার পর যত্ন তাড়াতাড়ি সম্ভব সংসদে উপস্থাপন করিতে হইবে এবং যে অধিবেশনে উহা উপস্থাপিত হইল সে অধিবেশন শেষ হওয়ার পূর্বেই যদি সংসদ উহাতে কোন পরিবর্তন আনিতে সম্মত হয় বা এই মর্মে সম্মত হয় যে বিধি প্রণয়ন করা হইবে না, তাহা হইলে বিধি তদনুযায়ী ক্ষেত্রমতে শুধুমাত্র সেই পরিবর্তিত আকারে কার্যকর হইবে অথবা আদৌ কার্যকর হইবে না, এই সাপেক্ষে যে, উপরোক্ত যেকোন পরিবর্তন বা নাকচকরণ উক্ত বিধির অধীনে ইতিপূর্বে করা কোন কিছুর সিদ্ধান্ত হানি করিবে না।

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