Your legal adviser this week

Query :
I am a Bangladeshi, now living in Kuwait since 2007. I am a service holder here. I usually come to Bangladesh once in a year for 2months. On 2009 I got married and on 2011 we blessed with a baby boy. We were living happily, but from 2014 I came to know that my wife has unethical relationship with several persons. Even last year when I was in Bangladesh, I also become understood that actually she has extra-marital affairs. But at that moment I was so confused about what should be done, because I have a little baby. But few days ago I heard that now she became more desperate than before. Now I am decided to give her divorce. Please advise me the procedure of giving divorce from Kuwait.

Regards,

Nazrul Kader Khan, Kuwait.

Legal Opinion :
Thank you for your query. I am Feeling so sorry after hearing your tragic story. Before entering into the Divorce process, please think one more time about your relationship, conjugal life and the future of your baby. Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection.
The process of divorce in Bangladesh just in three steps to divorce for a Husband wanting separation- i.Give Notice in writing; ii. Face the Arbitration Board and iii. After expiry of 90 days take a registration certificate from the Arbitration Board and also from a registered Nikah Registrar (Kaji). To give divorce notice in writing, you have to come Bangladesh. Though some embasssy of Bangladesh situated different countries allows but the the Emassy of Bangladesh situated at Kuwait does not allow the issuance of divorce notice from their place.
After contacting with a Divorce lawyer in Bangladesh, your lawyer will give you the direction as to how you have to issue a divorce notice, your tasks in the Arbitration Board and finally the process of acquiring registration certificate from the Arbitration Board and also from a registered Nikah Registrar (Kaji). I always discourage married couple from divorce, because divorce creates a lot of unpleasant social and legal crisis, please think hundred times about the thorny things you may face in future. So, before starting such process make yourself sure that Divorce is the only and last way available for you to get rid.

Nusrat Shahrin
District & Sessions Court of Dhaka.
She is the Senior Associate of a renowned law firm, namely, ‘Law for Nations’, which has expertise mainly in family law, banking law, tax law, commercial law, corporate law, employment and labor law, land law, constitutional law, criminal law and in conducting litigations before courts of different hierarchies. She can be reached at- cell: 01711459590, E-mail: law.abm@gmail.com.


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