Family Courts in Bangladesh: from the 1985 “Ordinance” to today’s process

First things first: is it still an “Ordinance”?

Short answer: no. Parliament has since repealed the Family Courts Ordinance, 1985 and enacted the Family Courts Act, 2023. In practice, many lawyers and litigants still say “FCO 1985” out of habit because the new Act keeps the same court structure, subject-matter focus, and much of the procedure. But technically, the governing instrument is now an Act. (The Daily Star)

Why did it remain an “Ordinance” for so long?

Three simple reasons explain the long life of the 1985 text under the “Ordinance” label:

1. Constitutionally valid primary law. In Bangladesh, ordinances sit in the primary law family alongside Acts. The Constitution’s definition of “law” explicitly includes acts and ordinances, so an ordinance doesn’t have second-class status just because of its title. That’s why older, well-functioning ordinances could stay on the books for decades until Parliament chose to consolidate or replace them. (Bangladesh Laws)
2. It worked. The 1985 framework created specialist family courts with a fast, conciliatory model (pre-trial settlement attempts; in-camera hearings), so there was little practical pressure to rewrite it immediately.
3. Legislative housekeeping takes time. Successive parliaments often prioritized economic or rights-sensitive reforms. Overhauling a functioning, widely used procedural regime for family suits was less urgent. The eventual 2023 Act mainly modernized and tidied—rather than reinvented—the system. (The Daily Star)

What family courts cover (the subject-matter at a glance)

Family courts handle suits about:

• Dissolution of marriage
• Restitution of conjugal rights
• Dower
• Maintenance
• Guardianship and custody of children

This five-head jurisdiction has been the backbone since 1985 and continues under the 2023 Act with substantially similar contours. (Under the former Ordinance, these heads appeared together and the court’s jurisdiction was exclusive over such family suits.) (Bangladesh Laws)

Where you file and who hears it

• Territorial filing: You file in the Family Court that has jurisdiction over where the parties reside (or last resided together) or where the defendant resides.
• Judge: Family Courts are presided over by judges of the civil judiciary (traditionally Assistant Judges acting as Family Court Judges).
• Language & privacy: Proceedings may be held in camera (closed court) to protect privacy, and courts strive for a less adversarial tone.

(These structural points are consistent with the 1985 scheme and the 2023 consolidation.)

Step-by-step: how a typical case runs

1) Filing the plaint

• Prepare a plaint stating the facts, the specific head(s) of relief (e.g., maintenance, custody, dower), and the valuation for court-fee purposes.
• Attach supporting documents: marriage/nikahnama, birth certificates (for custody/maintenance of children), expense proofs, prior orders (if any), etc.
• The court scrutinizes maintainability (e.g., whether the dispute fits one of the five heads) before issuing summons.

2) Written statement (defence)

• The defendant files a written statement, typically within the timeline set by the court (extensions may be granted for cause).

3) Pre-trial hearing (the unique feature)

• Within roughly 30 days after the written statement, the court holds a pre-trial hearing aimed at settlement/conciliation.
• If the parties settle, the court records a compromise decree then and there. If not, the court frames issues and fixes the case for trial. (This pre-trial settlement effort was a hallmark of the 1985 ordinance and remains central practice.) (Bangladesh Laws)

4) Trial (often in camera)

• Evidence is taken (affidavits and cross-examination), with the judge keeping proceedings focused and less formal than ordinary civil suits.
• Interim orders (for temporary maintenance, child access, etc.) can be made if needed. (Interim-order and evidence-recording provisions were laid out expressly in the 1985 text.)

5) Judgment & decree

• The court pronounces a reasoned judgment and draws up a decree.
• Enforcement follows via the Family Court machinery (warrants for dower/maintenance arrears, directions on custody/access, etc.). (The 1985 framework used dedicated decree registers and forms; those administrative bones continue to guide practice.) (Bangladesh Laws)

6) Appeal

• A party aggrieved by the judgment, decree, or order of a Family Court may appeal to the District Judge, generally within 30 days (excluding certified-copy time). Under the old ordinance this sat in section 17 and the timeline remains the basic benchmark. (Bangladesh Laws)

Timelines: what’s “on paper” vs. what happens

• Statutory rhythm: The only hard timing the law really fixes is the early pre-trial window (about 30 days post-defence). After that, hearing dates depend on court load, witness availability, and how contested the case is.
• Reality check:
• Uncontested dissolutions/maintenance adjustments can wrap up in a handful of dates if parties cooperate (sometimes within a few months).
• Contested custody/guardianship matters take longer; courts often order interim visitation/maintenance while the case runs.
• Appeals can add several months more.
• What speeds things up: well-prepared pleadings, realistic interim proposals, willingness to mediate, and keeping witness lists tight.

(Because caseload varies district-to-district, treat any “X months” promise with caution.)

Documents & evidence that make (or break) a case

• Marriage documentation: Nikahnama or civil registration; proof of talaq notice where relevant.
• Children: Birth certificates, school records, medical notes—anything that shows the child’s best interests.
• Money trail: Proof of income/expenses for maintenance (pay slips, bank statements, MFS records, rent receipts).
• Dower: Nikahnama entries, receipts, correspondence.
• Conduct/need (where relevant): messages, police GDs, medical reports.

Bring originals to court and keep simple, paginated bundles; it materially reduces adjournments.

Interim reliefs you can realistically seek

• Interim maintenance for spouse/children.
• Interim custody or visitation/access schedules pending final decision.
• Restraint orders to prevent harassment or dissipation of assets relevant to maintenance/dower.
• Compliance directions (e.g., for school access, medical decisions).

Courts balance urgency, best interests of the child, and prima facie need/ability to pay.

Enforcement: getting orders to bite

• Maintenance/dower: attachment of salary/bank balances or other execution measures if payments lapse.
• Custody/access: the court can issue specific directions (hand-over timings, pickup points) and enforce through warrants or contempt if orders are flouted.
• Non-compliance usually triggers short dates and can draw adverse costs or stricter conditions.

Common pitfalls (and how to avoid them)

• Filing the wrong forum: If your suit doesn’t truly fit one of the five heads, it risks dismissal on maintainability.
• Over-pleading: Adding criminal allegations inside what is essentially a civil family suit slows things and can backfire. Keep the family suit focused; run separate remedies in the proper forum when needed.
• Thin evidence on income/need: Courts can’t award sensible maintenance without numbers. Prepare an income-and-needs schedule with documents.
• Skipping the pre-trial mindset: Many cases settle at (or just after) pre-trial with better, quicker outcomes. Go in with a realistic proposal.
• Ignoring child’s routine: Custody/access plans that disrupt schooling or health routines rarely survive scrutiny.

Quick FAQ

Is mediation compulsory?
The court must first try for conciliation at pre-trial, and again after the parties’ evidence. If settlement is possible, the court records a compromise decree; if not, the trial proceeds. (This two-stage settlement effort has been a constant feature since 1985.) (Bangladesh Laws)

Can I appeal an interim order?
Appeal lies from judgments, decrees, and orders of the Family Court to the District Judge (timeline generally 30 days), but strategy matters: sometimes it is faster to press for an expedited hearing or a modification before the same court than to appeal mid-stream. (Bangladesh Laws)

Do the old Rules still matter?
Yes. The Family Courts Rules, 1985 (issued under the 1985 law) organized practical things—registers, decree forms, appeal registers—many of which continue to inform day-to-day administration unless inconsistent with the 2023 Act or later directives.

Bottom line (and how we help)

• The label changed (from Ordinance to Act), but the mission remains the same: specialized courts, early settlement efforts, privacy, and speed where possible.
• What wins cases is focus—filing in the right court, solid documents, realistic interim proposals, and staying open to settlement when it serves your interests (especially where children are involved).

If you want, I can turn this into a one-page filing checklist tailored to your district and case type (maintenance, custody, dower, dissolution).

References

1. The Daily Star — Parliament repealed the 1985 Ordinance and enacted the Family Courts Act, 2023, with largely similar structure/procedure. (The Daily Star)
2. Constitution (Art. 152 definition of “law”) — explains why Ordinances are treated as primary legislation (hence their long life). (Bangladesh Laws)
3. Family Courts Ordinance, 1985 (bdlaws) — legacy sections on jurisdiction, pre-trial conciliation, in-camera hearings, evidence, decrees, and appeals that still map onto current practice. (Bangladesh Laws)