Divorce during pregnancy in Bangladesh in 2024
1. Can a muslim woman ask for a divorce in her pregnancy?
Divorce during pregnancy has to go through the provisions of the Muslim Family Law Ordinance of 1961, in which a wife does not possess the authority to dissolve a marriage, however, the spouse may only unilaterally dissolve the marriage if the husband has previously delegated authority to her. The abbreviation talaq-i-tawfid refers to this practice.
Thus, the degree to which such authority may be vested in the wife is governed by the contractual arrangement between the spouses. In the event that the marriage contract does not specify procedures for the delegation of such authority between the husband and wife, only then could the wife dissolve the union by exercising that authority without the husband or the court’s involvement.
The delegation of talaq authority from a husband to his wife is addressed in column 18 of the kabinnama in Bangladesh. On the other hand, column 19 pertains to the potential restriction of a husband’s talaq authority.
2. Can a man give a divorce to his wife during pregnancy ?
Strictly granting the husband the authority to divorce, the shariah places him in a position of authority superior to that of the wife. The authority of the husband to pronounce talaq is not contingent on any provision of the agreement; he may exercise this authority unilaterally and without providing any justification.
The Iddah period commences three months after the husband utters the talaq, which corresponds to three menstrual cycles for women.
The talaq will be deemed successful upon the conclusion of the iddah period If the wife is pregnant at the time talaq is pronounced, talaq shall not be effective until the period of ninety (90) days mentioned in the section 7 of the Muslim Family Law Ordinance of 1961 is over or the pregnancy, whichever be later, ends.
3. What are the rulings of divorce during pregnancy?
If the wife is pregnant during the time when talaq is pronounced, talaq shall not be effective until the period of ninety (90) days or the pregnancy, whichever be later, ends. If the period of pregnancy extends the Iddah period of ninety (90) days then the Divorce will be effective after the pregnancy of the wife is over.
4. If the relationship is toxic, how to proceed for divorce during pregnancy.
In case of the relationship of husband and wife being toxic the Court will definitely take it on account and provide relief according to the merit of the application. And the procedure to get a divorce during the time of pregnancy is same as the general procedure except one additional ruling- If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period of ninety (90) days or the pregnancy, whichever be later, ends.
