Thursday, 9 December, 2021

Divorce goes on in violation of law

Many seeking to end marriage don’t send any notice to spouses

Many people are violating the relevant law while ending marriage with their spouses, according to an investigation.

Divorce is a process of terminating a marriage. There are some rules for doing so as stated by the Muslim Family Laws Ordinance-1961. But the law is widely being contravened by those seeking an end to their conjugal life.

In an investigation, the Criminal Investigation Department (CID) of police has found that 25 divorces were done at Bhawalgarh in Gazipur in August, 2020 without sending any notices to spouses or to their elected representatives.

An assistant marriage registrar (kazi) and a postman were involved in the crime. In an incident, a man divorced his wife and married another woman, but his first wife could know nothing about the matter.

According to the law, if anybody does not send a divorce notice to the persons concerned, he or she may suffer in jail for one year.

Section 7(2) of the Muslim Family Laws Ordinance stipulates: “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 [ten thousand taka] or with both.”

A woman sergeant of Dhaka Metropolitan Police (DMP) filed a case against her husband named Omar Faruk, also a sergeant of Tangail, with a Dhaka court in February last.

As per the court order, SM Miraz Al Mahmud, sub-inspector at Dhaka Metro West Unit CID, investigated the matter and submitted a report to Dhaka Chief Metropolitan Magistrate Court-6 on Tuesday.

In the report, Faruk, postman of Chandona post office Sahfiqul Islam and Assistant Marriage Registrar Mohammad Sanaullah were made responsible.

According to the report, the woman got acquainted with Faruk at Sardah in Rajshahi in 2017 and they married on August 1, 2020 at Tejgaon in the capital. But just two days into their marriage, Faruk divorced her at Bhabanipur marriage registrar office in Bhawalgarh on August 3, but he did not send the divorce notice to the woman and her local union parishad chairman.

Concealing the fact, he married another woman of Mymensingh just after giving divorce.

Sakhawat Hossain, the main marriage registrar (kazi) of Bhawalgarh told the investigation officer that he gave 25 divorce letters to postman Sahfiqul on August 10, 2020 and he gave him post memos against all; the divorce notice of Faruk was one of those.

But the investigation officer found that Sahfiqul did not send any divorce notice to the designated addresses. He committed the crime in exchange for a handsome amount of money and Sanaullah was also involved in the crime.

Siraj Pramanik, a Supreme Court lawyer, told the Daily Sun that according to the existing law, anyone seeking divorce have to send divorce notice to his wife or her husband and also to local union parishad chairman or councillor of city corporation or municipality.

He said the divorce will not come into effect until the expiry of 90 days from the day of sending a notice or letter through post office.

“Within 30 days of receiving the notice, the UP chairman will constitute an arbitration council for reconciliation between the parties. If the two parties don’t agree to do so, their divorce will be effective after the stipulated time,” Siraj said.

“If anybody violates the law, husband or wife can lodge case against the opposition party,” he said.

Abul Kashem, a resident of the capital, told the Daily Sun that his relation with his wife Shaninur Akhter Sanu was not going well. “She went to her father’s house. I tried to bring her back several times, but failed. After a few months, I came to know that she married another man. But I didn’t get any divorce letter.”

“I contacted the local UP chairman and wanted to know whether he received such a letter. He replied in the negative. I finally contacted the local post office when its staff said they received no letter in the name and address of mine,” he said.

On September 30, a Dhaka court summoned national cricketer Nasir Hossain and Tamima Sultana after Police Bureau of Investigation (PBI) found their marriage illegal.

Tamima divorced her husband Rakib without sending any notice to him.