This week Your Legal Adviser
Assalamualikum sir. My query is to you that, in the year 2015 we got married with the permission and arrangment of our both family. But after few days we entered into some problems between us which tempered our married life too. In concequence, we take divorce without any legal problem. Like marriage, divorce was also with the presents of both family. But need to mention that, we have a boy kid. After few days, we both understand that divorce between us may hamper our kid’s life. Besides these, problems between us also solved in the mean time. We both have decided to get marry again and live with our family together again. Now, I wanna know whethere have to marry again or Hilla marriage ?
Rumana Sultana, Khulna.
Thank you for your question. It’s good to hear that you both understand your mistakes and wanna live together again with your family. Yes, you can make family with him again. According to section 7(6) of Muslim Family Laws Ordinance 1961, Nothing shall debar a wife whose marriage has been terminated by talaq effective under this
section from remarrying the same husband, without an intervening marriage with a third
person, unless such termination is for the third time so effective.
It means any couple can remarry if their divorce is for first time or second time, but third time divoce between them will not cover by the advantage of this provision. You have to register your marriage according to your first marriage. It will treat as a fresh marriage. If you both take divorce again and wanna marry together again then you both can avail this provision. But not for the third divorce. Remember that for first and second marriage you don’t need any Hilla marry. So, legal opinion for this query is, you both marry again as it was your first marriage. No legal barr and honestly its good for your kid also.
And all the couple should think about their kids before take decision of divorce. Divorce is the worst Halal provision of our Muslim Personal Law. So, we shouldn’t do that without badly necessary.
A.B.M Shahjahan Akanda (Masum)
Advocate, Supreme Court of Bangladesh.
He is the Head of the chamber of a renowned law firm, namely, ‘Law for Nations’, which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law,constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at – cell:01711459590, E-mail: email@example.com.