Identify the route and the personal law

The first meeting decides which legal route applies. For Muslim spouses the options are a husband's talaq, a wife's talaq-e-tafweez if clause 18 of the kabinnama delegates the right of divorce to her, a khula or mubara'at by agreement, or a wife's suit in the Family Court. Hindu spouses cannot divorce under their personal law, and Christian spouses follow the Divorce Act 1869.

The lawyer also checks whether dower, maintenance or custody claims need to be filed, because the divorce case process in Bangladesh often turns more on money and children than on the divorce itself.

Where: Lawyer's chamber · Time: 1-2 weeks · Law: s.7 and s.8 Muslim Family Laws Ordinance 1961; s.2 Dissolution of Muslim Marriages Act 1939; s.5 Family Courts Act 2023 · Documents: Kabinnama or certified copy of the marriage register entry, National ID cards of both spouses, Children's birth registration certificates

Tip: Read clause 18 of the kabinnama first. If the right of divorce was delegated to the wife, she can end the marriage herself through the notice route without suing.

Collect marriage, dower and income evidence

Before any notice or plaint is drafted, the lawyer assembles the evidence that will matter later. That means the registered kabinnama showing the amount of dower and how much was paid at marriage, proof of where each spouse lives (which fixes the competent Chairman and the Family Court's territorial jurisdiction), evidence of the husband's income for maintenance, and any record of cruelty, desertion or non-payment if the wife intends to sue under the 1939 Act.

Where a spouse is abroad, a power of attorney or authorisation is prepared and attested so that a representative can act.

Where: Lawyer's chamber · Time: 1-3 weeks · Law: s.10 Muslim Family Laws Ordinance 1961; s.2(ii), (iv) and (viii) Dissolution of Muslim Marriages Act 1939 · Documents: Kabinnama with dower details, Proof of residence, Salary slips, bank statements or business records of the husband, Medical reports, police complaints or messages showing cruelty, Power of attorney (if a spouse is abroad)

Tip: Under s.10 of the 1961 Ordinance, if the kabinnama does not say how dower is to be paid, the whole dower is payable on demand. Note what the document actually says.

Draft and sign the written talaq notice

A husband who pronounces talaq in any form must, as soon as may be, give the Chairman written notice and send a copy to the wife. A wife exercising a delegated right, or spouses ending the marriage by khula or mubara'at, use the same machinery because section 8 applies section 7 with necessary changes. The High Court Division held in November 2025 that notice is mandatory even in a mutual khula, and that a khula without it is void.

Failing to give notice is also an offence punishable with up to one year's simple imprisonment, a fine of up to Tk 10,000, or both.

Where: Lawyer's chamber · Time: 1-7 days · Law: s.7(1) and (2) Muslim Family Laws Ordinance 1961; s.8 Muslim Family Laws Ordinance 1961; Md Parvej Hossain v Mst Shohana Shohgi, HCD Civil Revision No. 973 of 2021 (16 November 2025) · Documents: Signed talaq notice (or tafweez or khula notice), Khula or mubara'at settlement agreement, if any, Copy of kabinnama

Tip: Keep proof of delivery of the wife's copy, such as a registered post receipt. Disputes about whether she was told are common years later.

Deliver the notice to the Chairman or Mayor

The notice goes to the 'Chairman' as defined in section 2(b) of the 1961 Ordinance: the Union Parishad or Paurashava Chairman, the City Corporation Mayor or Administrator, or the person appointed for a cantonment area. In Dhaka the two City Corporations receive these notices through their zonal or regional offices. The office should give a dated receipt, because the ninety days run from the day the Chairman receives the notice, not from the day talaq was pronounced or a notice was signed.

Where: Arbitration Council (Union Parishad / City Corporation) · Time: 1 day · Law: s.2(b) Muslim Family Laws Ordinance 1961; s.7(1) and (3) Muslim Family Laws Ordinance 1961 · Documents: Original notice, Copy for acknowledgment, Proof of address showing the competent area

Tip: Ask the office which zone covers the wife's address before filing; a notice sent to the wrong office invites a later challenge.

Arbitration Council attempts reconciliation

Within thirty days of receiving notice, the Chairman must constitute an Arbitration Council made up of the Chairman and one representative of each spouse. Its only statutory task is to try to reconcile the parties. If a spouse fails to nominate a representative, the Council can still be formed without one. The Council does not decide dower or custody, but the meeting creates a useful record of each side's position. If the spouses reconcile, the talaq can be revoked before the ninety days run out.

Where: Arbitration Council (Union Parishad / City Corporation) · Time: Within 30 days of notice; meetings over 1-2 months · Law: s.7(4) Muslim Family Laws Ordinance 1961; s.2(a) Muslim Family Laws Ordinance 1961 (Arbitration Council) · Documents: Council notice, Nomination of representative, Any written settlement proposal

Tip: Attend the meeting even if the divorce is agreed. Non-attendance does not stop the divorce, but the record helps in any later dower or maintenance case.

Ninety days pass and the divorce takes effect

Unless revoked earlier, a talaq becomes effective ninety days after the Chairman receives the notice. If the wife is pregnant, it takes effect at the end of the ninety days or the end of the pregnancy, whichever is later. Until then the marriage subsists and the wife remains entitled to ordinary maintenance. After an effective talaq the couple may remarry each other without an intervening marriage, unless this is the third effective divorce. Many offices issue a certificate of effectiveness at the end of the period on request.

Where: Arbitration Council (Union Parishad / City Corporation) · Time: 90 days (longer if the wife is pregnant) · Law: s.7(3), (5) and (6) Muslim Family Laws Ordinance 1961 · Documents: Receipt showing the date of delivery, Application for divorce effectiveness certificate

Tip: Time any settlement payment to the effective date or hold it in escrow, so that nobody pays for a divorce that is later revoked.

Register the divorce with the Nikah Registrar

Registration creates the official record that embassies, the passport office and later courts rely on. The Nikah Registrar for the area registers the divorce on application and gives the parties an attested copy of the entry. For a talaq-e-tafweez, the Registrar must first see the document delegating the power or an attested copy of the marriage register showing the delegation. Registration does not itself make a divorce valid, and an unregistered divorce is not automatically void, but missing paperwork is the commonest reason foreign authorities refuse to recognise a Bangladeshi divorce.

Where: Nikah Registrar (Kazi) office · Time: 1-7 days · Law: s.6 Muslim Marriages and Divorces (Registration) Act 1974; Muslim Marriages and Divorces (Registration) Rules 2009 · Documents: Chairman's acknowledgment or effectiveness certificate, Kabinnama, National ID cards, Prescribed registration fee

Tip: Use the Nikah Registrar who has jurisdiction where the divorce was effected; registration at an unrelated registry was one reason a khula was rejected in a 2026 High Court Division case.

Mandatory legal aid mediation (notified districts)

Where a wife needs a court decree for dissolution, or either spouse claims dower, maintenance or custody, the dispute falls within section 5 of the Family Courts Act 2023. In districts where section 21B of the Legal Aid Services Act 2000 has been brought into force, the claimant must first apply to the district legal aid office for pre-case mediation. A certified settlement has the effect of a decree; if mediation fails, the office issues a certificate that must accompany the plaint.

Thirty districts were notified from 31 July 2026; Dhaka was not among them at the time of writing, so check the current notification.

Where: District Legal Aid Office (pre-case mediation) · Time: About 1 month (the rules set a short deadline; check the current rules) · Law: s.21B to s.21E Legal Aid Services Act 2000 (inserted by Act No. 45 of 2026); S.R.O. No. 288 of 2026; s.5 Family Courts Act 2023 · Documents: Mediation application, Kabinnama, Mediation failure certificate (if no settlement)

Tip: Time spent in legal aid mediation is excluded from limitation, but keep the dated application receipt to prove it.

File the plaint in the Family Court

The wife's lawyer files a plaint for dissolution of marriage, often joined with claims for unpaid dower, maintenance for herself and the children, and custody. The Family Court is presided over by a Civil Judge or Senior Civil Judge (called Assistant Judge and Senior Assistant Judge until the Civil Courts amendment of 2026). The plaint states the grounds under section 2 of the 1939 Act, such as two years' failure to maintain, three years' failure to perform marital obligations, cruelty, or a second marriage in breach of the 1961 Ordinance.

It lists witnesses and attaches the documents relied on. A fixed court fee is paid.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 1-2 weeks to draft and file · Law: s.4(2) and s.6 Family Courts Act 2023; s.25 Family Courts Act 2023 (court fee); s.2 Dissolution of Muslim Marriages Act 1939; s.25A Civil Courts Act 1887 (renaming of Assistant Judges) · Documents: Plaint with schedule of claims, List of witnesses, Kabinnama and documents relied on, Legal aid mediation failure certificate (where required), Court fee

Tip: Plead every ground that fits and every claim you have. Ground (ix), 'any other ground recognised as valid under Muslim law', is the basis for judicial khula when a husband refuses consent.

Summons served and written statement filed

The Family Court issues summons and notice to the husband, using the methods the Act allows, including registered post. On appearance he files a written statement answering the plaint. If the husband does not appear after due service, the court can proceed ex parte; he may apply to set aside an ex parte decree within thirty days of the decree. If the wife does not appear, the suit may be dismissed for default, and she may apply for restoration within thirty days of the dismissal.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 1-3 months · Law: s.7 Family Courts Act 2023; s.8 Family Courts Act 2023; s.10(5) and (6) Family Courts Act 2023 · Documents: Summons and notice, Written statement, Defendant's list of witnesses and documents

Tip: Give the court every known address for the husband, including his workplace. Defective service is the commonest reason ex parte decrees are later set aside.

Apply for interim maintenance or custody orders

A family case can take a year or more, and the household needs money now. Section 21 of the 2023 Act allows the Family Court, if satisfied that immediate action is needed to stop a party defeating the purpose of the suit, to make any interim order it considers appropriate. In practice this covers interim maintenance for children, interim arrangements for a child's residence or visits, and orders preserving property. The High Court Division has upheld interim maintenance fixed by Family Courts pending trial.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 2-8 weeks · Law: s.21 Family Courts Act 2023; Guardians and Wards Act 1890 (Family Court acts as District Court: s.27 Family Courts Act 2023) · Documents: Application for interim order supported by affidavit, Evidence of the child's needs and school costs, Evidence of the other spouse's income

Tip: Ask early. Courts are more willing to fix modest interim support at the start than to order large arrears at the end.

Pre-trial hearing and reconciliation attempt

After the written statement, the Family Court holds a pre-trial hearing. It reviews the plaint, written statement and documents, ascertains the points in issue and tries to bring about a compromise or reconciliation between the spouses. Where the parties agree on dower, maintenance or custody, the court can pass a compromise decree on those terms. If there is no settlement, the court fixes a date for trial. Hearings in a Family Court may be held in camera if a party asks or the court considers it necessary.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 1-3 months · Law: s.11 Family Courts Act 2023 (pre-trial proceedings); s.12 Family Courts Act 2023 (in camera); s.15 Family Courts Act 2023 (compromise decree) · Documents: Settlement proposals, Draft compromise terms (if agreed)

Tip: Attend in person. The judge often speaks directly to the spouses at this stage, and a reasonable offer on maintenance can end the case months early.

Trial: evidence of both sides

At trial each side calls its witnesses, starting with the plaintiff. The Family Court records the evidence, may allow a witness's evidence on affidavit, and allows cross-examination. The wife must prove the facts behind the ground she relies on, for example that the husband failed to provide maintenance for two years or treated her with cruelty as defined in section 2(viii). For dower, the kabinnama and proof of what was paid decide the figure. For maintenance, the court looks at the husband's means and the family's reasonable needs.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 3-12 months · Law: s.13 (including s.13(6) on affidavit evidence) Family Courts Act 2023; s.2(viii) Dissolution of Muslim Marriages Act 1939 · Documents: Exhibits: kabinnama, receipts, medical and police records, Income evidence, Witness summonses

Tip: Witnesses who saw events, such as neighbours or relatives, carry more weight than general statements about character.

Final reconciliation attempt and judgment

When the evidence closes, the court makes a further attempt at compromise before writing its judgment. If none succeeds, it pronounces judgment, deciding each claim: whether the marriage is dissolved and on which ground, the dower due, maintenance and any arrears, and custody or visiting arrangements. Where a dissolution decree is passed, the court sends a certified copy to the Chairman within seven days, and the dissolution takes effect ninety days after the Chairman receives it. That is a step in the divorce case process in Bangladesh that parties often overlook.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 1-2 months after evidence closes · Law: s.14 Family Courts Act 2023; s.16 Family Courts Act 2023; s.26(2) and (3) Family Courts Act 2023 (copy to the Chairman; ninety days) · Documents: Judgment, Decree

Tip: Apply for certified copies of the judgment and decree on the day of judgment. Appeal time runs from the decree, excluding only the time needed to obtain copies.

Record the court dissolution

Once the decree of dissolution is effective, the parties obtain documentary proof for future use: a certified copy of the decree and, where available, the Chairman's confirmation that the ninety days have run. Many people also present the decree to the Nikah Registrar so that the divorce appears in the register. For spouses abroad or with foreign spouses, the decree and certificates may then need attestation by the Ministry of Foreign Affairs or an apostille before an overseas authority will accept them.

Where: Nikah Registrar (Kazi) office · Time: 2-6 weeks after the decree becomes effective · Law: s.6 Muslim Marriages and Divorces (Registration) Act 1974; s.26(3) Family Courts Act 2023 · Documents: Certified copy of the decree, Chairman's certificate, National ID cards

Tip: Ask the receiving country's authority or embassy in advance what form of attestation or legalisation it needs, so the papers are prepared once.

Enforce dower and maintenance decrees

If the husband does not pay within the time the court fixed, the wife applies to the same Family Court, within one year, to execute the decree, either as a civil money decree or as if it were a fine imposed by a Magistrate. The court can attach and sell his property, attach salary or bank accounts, issue a warrant, or allow payment in instalments. Maintenance decrees run month by month, so arrears can be recovered in further applications.

The Arbitration Council route under section 9 of the 1961 Ordinance is an alternative for maintenance during the marriage: its certificate is recoverable as arrears of land revenue.

Where: Family Court (Civil Judge or Senior Civil Judge) · Time: 3-12 months · Law: s.17(3) to (8) Family Courts Act 2023; s.9 Muslim Family Laws Ordinance 1961 · Documents: Execution application, Certified copy of decree, Details of the husband's assets, employer and bank

Tip: Name the employer and the bank in the execution application. Courts act faster on a specific salary or account than on a general request.