Statutory Procedure of Talaq in Bangladesh:-
★Talaq is a form of divorce under Muslim law that implies repudiation or rejection by
the husband in a marriage.
★Under Muslim law, wives cannot divorce their husbands unless such a right has been
delegated to them by their husbands.
★However, the legislature has granted statutory rights to Muslim women to divorce their
husbands under the Dissolution of Muslim Marriages Act 1939.
★In Moonshee Buzloor Ruheem v. Shumsoonnisa Begum, (1867), the Court held that,
''Talaq is a mere arbitrary act of a muslim husband who may repudiate his wife at his own
pleasure with or without any cause.”
★There are many Muslim countries where a husband has to obey some statutory
formalities in pronouncing a talaq.
★ Section 7 of The Muslim Family Laws Ordinance, 1961 lays down the statutory
formalities to observe for a Talaq pronounced by a husband.
The Muslim Family Laws Ordinance, 1961
( Ordinance NO. VIII OF 1961 )
[ 2nd March ,1961 ]
Talaq
√√√Notice of Talaq:-
, ★The First Step is pronouncing talaq.
★Soon after the pronouncement, a written notice to the Chairman shall be given.
★Also, a copy of this notice shall be given to the wife.
Section 7(1) of the MFLO says:-
(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.
√√√Legal Effect of Non-Service of Notice of Talaq:-
★The law has made the act of non service of notice as punishable.
★In the case of The state v. Mst. Tauqir Fatima and another (1964) it was held that, non-
service of notice under Section 7 makes a talaq inffective.
★In the case of Inamul Islam v. Mst. Hussain Bano and Others the court considered
notification under Section 7(1) as mandatory to make a Talaq effective.
Section 7(2) of the MFLO says:-
(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 1[ten thousand taka] or with both.
★Talaq is a form of divorce under Muslim law that implies repudiation or rejection by
the husband in a marriage.
★Under Muslim law, wives cannot divorce their husbands unless such a right has been
delegated to them by their husbands.
★However, the legislature has granted statutory rights to Muslim women to divorce their
husbands under the Dissolution of Muslim Marriages Act 1939.
★In Moonshee Buzloor Ruheem v. Shumsoonnisa Begum, (1867), the Court held that,
''Talaq is a mere arbitrary act of a muslim husband who may repudiate his wife at his own
pleasure with or without any cause.”
★There are many Muslim countries where a husband has to obey some statutory
formalities in pronouncing a talaq.
★ Section 7 of The Muslim Family Laws Ordinance, 1961 lays down the statutory
formalities to observe for a Talaq pronounced by a husband.
The Muslim Family Laws Ordinance, 1961
( Ordinance NO. VIII OF 1961 )
[ 2nd March ,1961 ]
Talaq
√√√Notice of Talaq:-
, ★The First Step is pronouncing talaq.
★Soon after the pronouncement, a written notice to the Chairman shall be given.
★Also, a copy of this notice shall be given to the wife.
Section 7(1) of the MFLO says:-
(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.
√√√Legal Effect of Non-Service of Notice of Talaq:-
★The law has made the act of non service of notice as punishable.
★In the case of The state v. Mst. Tauqir Fatima and another (1964) it was held that, non-
service of notice under Section 7 makes a talaq inffective.
★In the case of Inamul Islam v. Mst. Hussain Bano and Others the court considered
notification under Section 7(1) as mandatory to make a Talaq effective.
Section 7(2) of the MFLO says:-
(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 1[ten thousand taka] or with both.
