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Christian Divorce Law and Procedure in Bangladesh
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The Christian faith does not encourage divorce, and it is deemed God hates divorce. But in certain circumstances, they do allow divorce on limited grounds.
What are the Christian divorce law and procedure in Bangladesh? The divorce law and procedure of Bangladeshi Christian people are covered by the Divorce Act of 1869. This law allows Christian divorce by petitioning the District Court or the High Court Division.
The process of filing a Christian divorce is a little complex and needs the appropriate evidence of adultery against the partner. Keep reading till the end to learn all the procedures.
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What is Christian Divorce Law and Procedure in Bangladesh?
The Christian divorce laws originated from the Christian Divorce Act 1869. This divorce act allows the dissolution of Christian marriage.
According to this act, neither the husband nor the wife can induce a divorce from one side or mutually. Instead, they need a court order to perform a divorce.
The Divorce Act governs the judicial separation of Christian spouses. This act allows the couple to petition the High Court Division or the District Court.
However, even after the judicial separation, the spouse is still married, but there are some limitations. For instance, the couple is prohibited from staying or living together.
How to File a Christian Divorce in Bangladesh
To divorce your Christian partner, you just need to follow three basic steps: draft a petition for the divorce, file the petition to the concerned court, and show the adultery evidence to the court.
If the court finds the evidence is genuine, the judge will allow for a divorce. Otherwise, the court will reject the petition.
Perform the subsequent steps to file a Christian divorce in BD.
1. Draft the Petition
Start by drafting the petition you will file to the District Judge court or the High Court Division of the Supreme Court.
While drafting the petition, carefully choose the contents as it is the most crucial part of the marriage dissolution.
The petition must contain only accurate information as the court needs to be satisfied with the petition content for the dissolution.
So, be cautious while drafting the petition and ensure that you visualize the real scenarios.
The husband can file a petition for dissolution if his wife is guilty of adultery (section 10 of the Divorce Act 1869).
The husband should mention the alleged adulterer in the petition as a co-respondent (section 11 of the Divorce Act 1869).
Alternatively, a wife may petition for dissolution because of the following reasons.
- The husband has converted to another religion from Christianity.
- The husband has married another woman.
- The husband is attached to incestuous adultery.
- The husband has committed rape or adultery.
- The husband is guilty of sodomy or bestiality.
- The husband is guilty of desertion for two years or more.
- The husband is guilty of marrying another woman with adultery.
2. File a Divorce Petition
Once the draft is ready, the next step is to file the divorce petition to the concerned court.
Depending on your preference, you can either go to the District Court or the High Court Division.
It’s suggested that you consult with a professional before proceeding with the petition. An experienced lawyer will make the process much easier for you.
3. Show the Evidence
After reviewing the related evidence, the court will make a final decision. In case the evidence is proved in court, the judge will issue a decree for the marriage to be dissolved.
However, if the evidence isn’t appropriate and fails to satisfy the court, the judge will dismiss the petition.
Remember, along with the evidence, the court also considers other aspects of the petitioner. That includes the reaction and involvement of the petitioner.
What Is the Christian Divorce Procedure in Bangladesh?
If the District Judge dismisses the marriage dissolution, you can petition the High Court Division with the same documents.
The High Court can create a special team of three judges who can also order the marriage dissolution.
To learn more about the procedure of a Christian divorce, go through the following discussion.
Nullity of Marriage
In some scenarios, the District Court or High Court judges can declare a nullity of the marriage. This primarily happens in the following situations.
- One of them was incapable.
- One of them was in a forbidden affinity.
- One of them was psycho during the marriage.
- One of the former partners was present at the time of the marriage.
Judicial Separation
Another procedure of Christian divorce is judicial separation. Couples can apply to the courts (District Court or High Court) for a judicial separation.
Though the couples still remain married even after the separation, they are forbidden to live together.
According to sections 22 & 23 of the Divorce Act 1869, the court can allow judicial separations for the following reasons.
- Adultery
- Cruelty
- Desertion over two years
However, the authority can reverse this separation if one of the partners isn’t present during the hearing.
Restoration of Marital Rights
If the wife or the husband was forcefully or irrelevantly withdrawn from the other’s society, they could apply for the restoration of their conjugal rights.
In such scenarios, they should petition the District or High Court, and the court will consider the statements and their legal grounds.
Moreover, the petitioner can claim or ask for damages from the person guilty of adultery with the petitioner’s partner.
The judge will penalize the guilty person if the court finds legal grounds for the petition.
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What’s the Difference in Christian Divorce Laws for Women?
Christian divorce law in Bangladesh is not the same for men and women. More precisely, the laws discriminated against Christian women.
In general, both men and women have a narrowed scope of divorce.
However, Christian men are allowed to divorce simply by alleging that their wife has engaged in adultery.
But for Christian women, alleging against their husbands is not enough for divorce. Instead, they must prove that the husband is engaged in adultery and other acts.
The wives can also petition for divorce in case the husband has been blameworthy for conversion to another religion, rape, bestiality, bigamy, or sodomy.
Final Words
When it becomes impossible to continue the marital relations of Christian people, they have the right to dissolve the marriage under the Christian Divorce Act 1869.
However, this right for Christian women is limited, and ensuring more liberalization is essential to support Christian women’s divorce.
If you want to process everything easily, seek friendly assistance from Law Advisor BD.
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FAQs
The Christian faith doesn’t encourage or promote the followers to divorce. However, in some cases, the Christian faith does allow divorce. For instance, according to Deuteronomy 24:1-2, a man can divorce his wife if the wife does not please him. Still, divorce is not encouraged nor required in Christianity.
To get a divorce as a Christian of Bangladesh, you have to follow three-step procedures. First of all, draft the divorce petition, then file the petition, and finally provide sufficient evidence to prove your petition in front of the judge.
For the Christian divorce in Bangladesh, there is no need for documents. Instead, you must provide evidence to the court of the alleged grounds for divorce. Moreover, you will also need to ensure that the complaint is not deceitful.
