Talaq Notice in Bangladesh: Chairman, 90 Days, Khula and Registration in 2026

Talaq notice in Bangladesh: the 2026 legal framework

A talaq notice in Bangladesh is the single document that decides whether a Muslim divorce exists in law. Pronouncing talaq, signing a talaqnama before a notary or registering a divorce with a kazi does not end a marriage on its own. Under section 7 of the Muslim Family Laws Ordinance 1961, the husband must give written notice to the Chairman of the local government body and supply a copy to his wife, and the talaq takes effect only when ninety days have passed from delivery of that notice to the Chairman.[1]

Get the notice wrong and the marriage, the dower clock, the right to remarry and even criminal liability all move in directions neither spouse intended.

This guide explains how the notice regime works in 2026: who must receive the notice, what the Arbitration Council does, how the ninety days run, how pregnancy and revocation change the picture, how the same rules apply to a wife's delegated divorce and to khula, what happens when no notice is sent, how the divorce is registered, what money falls due, and how Bangladeshis living abroad should send notice. It also covers the High Court Division decisions of 2025 and 2026 that have made strict compliance more important than ever.

Summary: A Muslim divorce in Bangladesh becomes legally effective only after written notice reaches the Union Parishad Chairman, Pourashava Chairman or City Corporation Mayor, a copy goes to the other spouse, and ninety days pass without revocation, or longer if the wife is pregnant. The rule applies to talaq by the husband, to a wife's delegated divorce and, according to recent High Court Division decisions, to khula by agreement. Failure to give notice is an offence and can leave the marriage subsisting.

Key point: In November 2025 the High Court Division held that notice to the Chairman is mandatory even in a mutual khula, and that non-compliance renders the purported dissolution void and inoperative in law. Only a Family Court decree of khula sits outside section 7.[4]

At a glance

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Table of Contents

What a talaq notice in Bangladesh is and why it matters

Classical Hanafi law, which most Bangladeshi Muslims follow, allowed a husband to divorce by pronouncement alone. The 1961 Ordinance changed that. Section 7 of the Muslim Family Laws Ordinance turns divorce from a private act into a supervised process: the husband pronounces talaq, notifies the local Chairman in writing, sends his wife a copy, and then waits ninety days during which the Chairman must attempt reconciliation.[1] Section 3 gives the Ordinance effect notwithstanding any law, custom or usage, so a contrary family practice or a kazi's habit does not displace it.[1]

The practical result is that a talaq notice in Bangladesh is not a courtesy letter. It is the event that starts the legal countdown to divorce. Until notice is delivered to the Chairman, the ninety days do not begin; until they end, the parties remain married. That timing affects when deferred dower falls due, when either party may remarry, how maintenance is calculated and whether a later marriage is valid or bigamous.

Talaq "in any form whatsoever"

Section 7(1) applies to a man who wishes to divorce his wife after pronouncing talaq "in any form whatsoever".[1] Those words matter for triple talaq, the single pronouncement of three divorces that older Hanafi doctrine treated as immediately irrevocable. Bangladeshi commentators have long argued that section 7 neutralises instant talaq in practice, because no pronouncement, however worded, can take effect before the ninety-day period and the reconciliation process have run.[7] A husband who believes he divorced his wife instantly, by text message or in anger, is still married in law until the statutory steps are complete.

Why the courts insist on strict compliance

The notice requirement exists to prevent hasty divorce, to give the wife certainty and to create an official record. The High Court Division has explained that the ninety-day delay is designed to allow reconciliation and prevent avoidable divorce.[5] The record function is equally important. Disputes over dower and maintenance regularly turn on whether a talaqnama produced years later is genuine, and a dated, receipted notice to the Chairman is the best answer to that question.

Who receives the notice: Chairman, Mayor and Arbitration Council

The Ordinance defines "Chairman" broadly so that every part of the country is covered. It includes the chairman of a Union Parishad, the chairman of a Pourashava, and the Mayor or Administrator of a City Corporation, together with persons appointed for cantonment areas or for bodies that have been superseded.[1] In rural areas the notice therefore goes to the Union Parishad; in towns, to the Pourashava; and in Dhaka, Chattogram and the other metropolitan cities, to the City Corporation.

Where the Chairman is not a Muslim, or himself wishes to apply to the Arbitration Council, or is unable to act, the local body elects one of its Muslim members to act as Chairman for the purposes of the Ordinance.[1] This prevents the process stalling because of the identity or absence of the office-holder.

Choosing the right office

A talaq notice in Bangladesh should be addressed to the office with territorial competence. The detailed rules on which Union or ward is competent are found in the Muslim Family Laws Rules 1961, and errors are common where the spouses live apart, in different districts, or abroad. Before sending, confirm which office has jurisdiction over the wife's current residence and keep proof of how that was established. Where genuine doubt exists, serving every plausibly competent office, as well as the wife, costs little and closes off a later argument that the notice went to the wrong place.

The Arbitration Council

The Arbitration Council is a temporary body made up of the Chairman and one representative nominated by each spouse. If a party fails to nominate a representative within the time allowed, the council may be formed without that person.[1] Section 7(4) requires the Chairman to constitute the council within thirty days of receiving notice, and the council must take all steps necessary to bring about reconciliation.[1] Section 3(2) excludes the Code of Civil Procedure and the old Arbitration Act from council proceedings, so the process is informal.[1]

The council cannot refuse or veto a divorce. Its role is reconciliation, and the ninety days run from delivery of the notice, not from the date of any meeting. Even so, attending matters. A wife can use the meeting to record her dower and maintenance position; a husband can show good faith; and both can create a contemporaneous record that later litigation will rely on.

The copy to the wife

Section 7(1) requires the husband to supply a copy of the notice to his wife.[1] In a disputed case the court will look at both limbs: whether the Chairman received the notice and whether the wife was served. In a February 2025 revision, the High Court Division upheld concurrent findings that a claimed talaq notice had not been delivered, where the Chairman's certificate was not properly proved at trial and the witnesses could not say who had sent the notice or whether it was sent at all.[5]

The lesson is evidential: a talaq notice in Bangladesh is only as good as the proof of its delivery. Send the wife's copy by a method that produces independent proof, such as registered post with acknowledgment due or a reputable courier with signed delivery, and keep the postal receipts, tracking records and any acknowledgment card. Where the wife's address is uncertain, send to every known address, including her parents' home, and record why each address was used. Where she refuses delivery, keep the returned envelope unopened; it is evidence of the attempt.

How the ninety days run after a talaq notice in Bangladesh

Section 7(3) provides that, unless revoked earlier, expressly or otherwise, a talaq is not effective until ninety days have expired from the day notice is delivered to the Chairman.[1] The date of pronouncement and the date the talaqnama was signed are therefore not the relevant dates. The relevant date is the day the Chairman's office received the notice, which is why a stamped receipt or a dated acknowledgment from that office is the most important document in the file.

During the ninety days the marriage subsists. The wife remains entitled to maintenance, the husband cannot treat himself as free to marry without the permission rules for a further marriage, and either spouse can still reconcile. The High Court Division has described the period as a cooling-off and reconciliation window intended to prevent avoidable divorce.[5]

Pregnancy

If the wife is pregnant at the time talaq is pronounced, section 7(5) postpones the effect of the talaq until the later of the ninety-day period or the end of the pregnancy.[1] A husband who does not know of the pregnancy cannot shorten the period, and a wife who is pregnant should tell the council so the record is clear. The child's rights to maintenance and inheritance are unaffected by the divorce.

Revocation

Because the talaq is not effective until the period ends, the husband can revoke it before then, and the statute recognises revocation "expressly or otherwise".[1] Express revocation is best done in writing to the Chairman with a copy to the wife. Revocation "otherwise" can be inferred from conduct, such as resuming cohabitation, which is why spouses who reconcile informally should notify the Chairman so that the notice is formally withdrawn and no certificate of divorce is later issued in error.

Remarrying the same spouse

Section 7(6) allows a wife whose marriage has been dissolved by an effective talaq to remarry the same husband without an intervening marriage to another man, unless the termination is the third one so made.[1] The provision removes the need for an intermediate marriage in most cases and is often overlooked by families who assume the classical rules still apply without modification.

When the wife initiates divorce: tafweez, khula and court decrees

A wife has three routes out of a marriage in Bangladesh: a delegated right of divorce written into the kabinnama, a divorce by agreement with the husband, or a decree of the Family Court. The notice requirement follows the first two but not the third.

Talaq-e-tafweez under clause 18 of the kabinnama

Clause 18 of the standard kabinnama records whether the husband has delegated to the wife the power to divorce, and on what conditions. The delegation may be unconditional or conditional, and a wife exercising it need not give up her dower or maintenance as she would in khula.[8] Section 8 of the Ordinance applies section 7 to a wife who exercises a delegated right of divorce, with the necessary modifications.[1] In practice she sends the written notice to the Chairman, supplies a copy to her husband and waits the ninety days, exactly as a husband would.

Before relying on tafweez, check the precise words in clause 18, because the talaq notice in Bangladesh that the wife sends must match them. If the right was delegated subject to conditions, such as the husband taking another wife or failing to pay maintenance, the notice should state which condition has occurred and how. The Nikah Registrar who later registers the divorce must see a registered document, or an attested copy of the register entry, showing that the power was delegated.[2]

Khula by agreement

Khula is a divorce at the wife's instance, usually in return for giving up some or all of her dower. For years a common assumption was that a mutually agreed khula, recorded by the kazi, needed no notice to the Chairman. The High Court Division has firmly rejected that view. In February 2025 it held that a khula registered with the kazi but never notified to the Union Parishad Chairman was not legally effective and that the marriage still subsisted.[5]

In November 2025, in Md Parvej Hossain v Mst Shohana Shohgi, the court went further. It held that the words "in any form whatsoever" in section 7 cover mutual khula, that khula does not take effect by the unilateral act of the wife, and that notice to the Chairman is mandatory even in cases of mutual khula. Non-compliance, the court said, renders the purported dissolution void and inoperative in law.[4] Anyone who has relied on an un-notified khula should take advice before remarrying.

Dissolution by the Family Court

A wife without a delegated right, and without her husband's agreement, may sue in the Family Court under the Dissolution of Muslim Marriages Act 1939. The grounds include the husband's unknown whereabouts for four years, failure to maintain her for two years, taking another wife in contravention of the 1961 Ordinance, imprisonment for seven years or more, failure to perform marital obligations for three years, impotence, insanity or serious disease, repudiation of a marriage arranged before the age of eighteen, and cruelty in its various statutory forms.[3]

The November 2025 decision confirms that a Family Court decree of khula is the one route that avoids section 7 altogether.[4] Our guide to family court procedure in Bangladesh explains how such suits are run.

What happens if no talaq notice is sent

Failure to give notice has two distinct consequences. The first is criminal. Section 7(2) makes contravention of the notice requirement punishable with simple imprisonment for up to one year, a fine of up to ten thousand taka, or both.[1] The second is civil and usually more serious: the divorce may not have happened at all.

The effect on the marriage

Older Bangladeshi case law was divided. One line of decisions, including Serajul Islam v Helena Begum (48 DLR 48), held that non-service did not invalidate an otherwise valid talaq; another line treated the talaq as ineffective without notice.[7] The recent High Court Division decisions have come down clearly on the side of strict compliance. A khula not notified to the Chairman was held ineffective in February 2025, and in November 2025 the court described the notice as mandatory and non-compliance as rendering the dissolution void and inoperative.[4] [5] The safe position in 2026 is that a talaq notice in Bangladesh must be sent and proved, whatever older authority might suggest.

Notice disputes in dower and maintenance suits

Questions about notice often surface in Family Court claims for dower and maintenance. In May 2026, in Sheikh Md Nurullah v Ummeh Kulsum Tanzila, a husband tried to have his wife's dower and maintenance suit rejected on the ground that she had not served notice on the Chairman after divorcing him by an affidavit before a notary. The High Court Division refused. It held that the plaint could not be rejected under section 7(2), that the section 7(2) offence is criminal and outside the civil court's jurisdiction, and that whether and when notice was served were disputed facts for trial.[6]

Two practical points follow. A notarised affidavit of divorce is not a substitute for the statutory notice, and the absence of notice does not automatically defeat a wife's money claim. Each side should therefore build its evidence on the notice question from the outset rather than hoping to win on a preliminary point.

Registering the divorce with the Nikah Registrar

Once a divorce has taken effect, it should be registered. Section 6 of the Muslim Marriages and Divorces (Registration) Act 1974 allows the Nikah Registrar to register a divorce effected within his jurisdiction under Muslim law, on application by the person or persons who effected it. A woman who observes purdah may apply through a duly authorised vakil. Where the divorce is by talaq-e-tafweez, the Registrar must see a registered document, or an attested copy of the register entry, showing the delegation. If the Registrar refuses to register, an appeal lies to the Registrar within thirty days, and that decision is final.[2]

Registration does not create the divorce; the notice and the expiry of ninety days do. That is the point of the February 2025 decision, in which a khula registered by the kazi was nonetheless held ineffective because the Chairman had never been notified.[5] Equally, an effective divorce that has not been registered is harder to prove, especially abroad. Treat registration as the final step, not the first. Our guide to marriage registration in Bangladesh covers the Nikah Registrar system in more detail.

The move to digital registration

The registration system is changing. On 11 December 2025 the High Court Division directed the government to digitise marriage and divorce registration, keep the records securely in a government database and allow citizens, especially women, to verify records and obtain digital copies.[12] On 3 October 2026 the Law Minister, Md Asaduzzaman, said marriage and divorce registration would move online, with marital information linked to national identity and passport records in a central database, although no launch date was given.[13] Until the system is live, keep certified paper copies of the notice, the Chairman's records and the register entry.

Dower, maintenance during iddat and children

A talaq notice in Bangladesh does not settle any financial question by itself. The money consequences follow from the kabinnama, the 1961 Ordinance and the general Muslim law, and they should be planned before notice is sent.

Dower

Unpaid dower is a debt owed to the wife. Where the kabinnama does not specify how dower is payable, section 10 of the Ordinance makes the whole of it payable on demand.[1] Any stipulation that dower will not be paid is void.[8]

On dissolution by court decree, section 5 of the 1939 Act preserves the wife's rights to dower.[3] The issue remains live: in July 2026 the High Court Division issued a rule asking why the government should not be directed to frame guidelines on the payment and recovery of dower, taking inflation into account, and observed that a wife is entitled to receive her dower in all circumstances.[10] See our analysis of dower recovery in Bangladesh.

Maintenance during the ninety days and iddat

The wife is entitled to maintenance while the marriage subsists, which includes the notice period. After the divorce takes effect, the Appellate Division held in Md Hefzur Rahman v Shamsun Nahar Begum that, under Muslim law, a divorced wife is entitled to maintenance from her former husband only during the period of iddat, and it set aside a High Court Division order extending maintenance until remarriage.[9] Claims for past maintenance during the marriage are separate and can be substantial. Section 9 of the Ordinance also lets a wife who is not being maintained apply to the Chairman for a maintenance certificate.[1]

Children

Divorce does not end a father's obligation to maintain his children, and a pregnancy postpones the effect of talaq under section 7(5).[1] Custody and guardianship follow the welfare of the child. Our guide to child custody and guardianship in Bangladesh explains how courts approach these questions.

Mediation before going to court

Disputes over dower, maintenance, divorce and custody under section 5 of the Family Courts Act 2023 are among those that must first go to mediation through the district legal aid office in the districts covered by the Legal Aid Services (Amendment) Ordinance 2025. Mediation is meant to conclude within twenty-one working days, and a failure certificate is needed before the case can proceed to court.[11] Check whether the wife's district is covered before planning litigation.

Sending a talaq notice in Bangladesh from abroad

A large share of talaq cases involve a spouse living in the Gulf, Malaysia, the United Kingdom, Europe or North America. The Ordinance does not require the husband to be in Bangladesh, and nothing in section 7 prevents a notice being posted or couriered from abroad. What matters is that the notice is written, signed, delivered to the competent Chairman and copied to the wife, and that each step can be proved.[1]

Power of attorney and consular limits

Many non-resident Bangladeshis assume they can authorise a relative in Bangladesh to handle the divorce by power of attorney. That route is increasingly difficult. The Bangladesh High Commission in Kuala Lumpur, for example, states that, under government instructions, it will not sign or attest a power of attorney on divorce-related matters.[14] Check the current position of the mission in your country before relying on a power of attorney, and consider instead signing the notice personally and instructing a lawyer in Bangladesh to deliver it and collect the receipts. Our guide to powers of attorney in Bangladesh explains the wider rules.

Practical steps for non-resident spouses

• Sign the original yourself: the notice is the husband's or the delegated wife's act, and a personally signed original avoids authority disputes.
• Use two delivery channels: an international courier with signed delivery to the Chairman and the other spouse, and hand delivery by a lawyer who obtains a stamped receipt.
• Track the ninety days locally: the clock runs from receipt by the Chairman, not from posting abroad, so obtain the receipt date in writing.
• Plan recognition: if the divorce must be recognised abroad, obtain certified copies of the notice record and the register entry and have them attested through the usual chain before they are needed.

The digital registration reforms should eventually make overseas verification easier. The Law Minister said in October 2026 that foreign authorities would be able to verify marriages online once the new system is in place.[13] Our cross-border family matters practice handles these cases.

What a talaq notice should contain

There is no prescribed statutory wording, and a notice copied from a template is a frequent source of error. The content should be specific to the marriage and the facts. As a minimum, a well-prepared notice identifies:

• the full names, parents' names, national identity or passport numbers and addresses of both spouses;
• the date and place of the marriage and the kabinnama registration details, including the Nikah Registrar and register entry;
• the date on which talaq was pronounced, or on which the delegated right was exercised, and for tafweez the clause 18 wording and any condition relied on;
• the addressee office and the basis on which it is competent;
• a statement that a copy has been supplied to the other spouse, and how;
• whether the wife is known to be pregnant; and
• the name of the sender's nominee for the Arbitration Council.

Avoid allegations that are unnecessary to the notice. Accusations of misconduct can expose the sender to defamation complaints and will be tested in any later dower or maintenance case. Keep the notice factual, keep a signed copy, and keep every receipt.

Step-by-step: giving an effective talaq notice in Bangladesh

The sequence below reflects how a contested-proof file is built. The same steps apply, with adjustments, to a wife exercising a delegated right.

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Throughout the ninety days, keep a dated record of every contact between the spouses. If the parties reconcile, put the revocation in writing to the Chairman at once.

Comparing the divorce routes

The table below shows how the notice requirement applies to each route. On a phone, scroll it sideways.

Where the facts are disputed, or the other spouse may contest whether a divorce happened, the Family Court route offers certainty at the cost of time. Where both spouses agree, a properly notified khula or tafweez divorce is quicker, but only if every statutory step is taken and documented. Our Islamic family law practice advises on both.

Common mistakes to avoid

• Relying on the kazi alone: registration with the Nikah Registrar does not replace notice to the Chairman.[5]
• Treating a notarised affidavit as a divorce: an affidavit records a statement; it is not the statutory notice.[6]
• Counting from the wrong date: the ninety days run from receipt by the Chairman, not from pronouncement or posting.[1]
• Remarrying too early: a husband who marries again before the divorce is effective needs Arbitration Council permission for a further marriage, and a wife who remarries risks a void marriage.
• Ignoring pregnancy: the talaq cannot take effect before the pregnancy ends.[1]
• Assuming khula is exempt: recent High Court Division decisions require notice for khula by agreement too.[4]

What to watch in 2026

Three developments will shape the talaq notice in Bangladesh over the coming year. First, the High Court Division's strict line in 2025 and 2026 means past divorces that skipped the notice step are vulnerable to challenge, particularly in inheritance, dower and remarriage disputes. Second, digital registration, ordered by the High Court Division in December 2025 and promised by the Law Minister in October 2026, should make divorce records verifiable and harder to fabricate.[12] [13] Third, the pending writ on dower guidelines may change how deferred dower is valued when a divorce takes effect.[10]

A divorce is one of the few legal steps that is hard to undo if done badly. If you need to send or answer a notice, or to check whether an earlier divorce was effective, contact TRW. Further reading is available in our guides to Muslim divorce procedure, a wife's rights after divorce and, in Bangla, তালাকের নিয়ম.

Frequently asked questions

Is a talaq valid without notice to the Chairman?

Not safely. Recent High Court Division decisions hold that notice under section 7 is mandatory and that non-compliance renders the purported dissolution void and inoperative, even for a mutual khula.[4] [5]

Who should receive the talaq notice?

The competent Chairman, meaning the Union Parishad chairman, the Pourashava chairman or the City Corporation Mayor or Administrator, with a copy to the other spouse.[1]

When does the divorce take effect?

Ninety days after the Chairman receives the notice, unless it is revoked earlier. If the wife is pregnant, it takes effect at the later of ninety days or the end of the pregnancy.[1]

What is the penalty for not sending notice?

Simple imprisonment of up to one year, a fine of up to Tk 10,000, or both, under section 7(2) of the Muslim Family Laws Ordinance 1961.[1]

Can a wife send a talaq notice?

Yes, if the husband delegated the right of divorce to her, usually in clause 18 of the kabinnama. Section 8 applies the same notice and ninety-day rules to her.[1] [8]

Does khula need a notice to the Chairman?

A khula by agreement does, according to the High Court Division in November 2025. Only a Family Court decree of khula avoids section 7.[4]

Can a talaq be withdrawn?

Yes. Before the ninety days end, the talaq can be revoked expressly or otherwise, for example by resuming the marriage. Notify the Chairman in writing.[1]

Is a divorced wife entitled to maintenance?

She is entitled to maintenance during the marriage, including the notice period, and after divorce for the iddat period, as the Appellate Division held in Hefzur Rahman v Shamsun Nahar Begum. Unpaid dower remains a debt.[9]

How is a divorce registered?

On application to the Nikah Registrar under section 6 of the Muslim Marriages and Divorces (Registration) Act 1974. A refusal can be appealed to the Registrar within thirty days.[2]

Can I send a talaq notice from abroad?

Yes. Sign the notice yourself and have it delivered to the Chairman and the other spouse with proof of receipt. Some Bangladeshi missions will not attest a power of attorney for divorce matters.[14]