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(vi) that the husband is guilty of adultery (v) that the husband is guilty of rape, sodomy or bestiality (iv) that the husband is guilty of marriage with another woman and adultery (iii) that the husband is guilty of adultery with bigamy (ii) that the husband is guilty of incestuous adultery (i)I that the husband, after marriage, has converted to any religion other than Christianity and has married another woman Likewise, any woman can make such a petition to either court for the dissolution of her marriage on any of the following grounds: Under the provisions of this Act, any husband may make a petition to the District Judge’s court or to the Supreme Court of Bangladesh for the dissolution of his marriage on the ground that his wife is guilty of adultery. The provisions for the dissolution of Christian marriage by order of the court was included in the Divorce Act of 1869. The divorce comes to an end once the divorce order has been signed by the judge.ĭivorce in Christian marriage can not be induced by a declaration of divorce by either side or by mutual agreement, except by a court order.
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If, after hearing the parties, the court is satisfied that the claims in the petition are valid and that there can be no hope of reconciliation and cohabitation, it may pass a divorce decree ordering the marriage to be dissolved. There must therefore be a complete agreement between the parties on the final decision on the dissolution of the union. In the case of a joint divorce, the two parties must have given their consent and there must be no discrepancies in the issues relating to the estate, custody of the child, care, property, etc. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also. Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. It includes the presentation of the parties and the recording of the comments before the Family Court.Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court. Second motion and final hearing of the petition Once the parties have decided to proceed further with the proceedings and to appear on the second motion, they can proceed with the final hearing. The maximum time period for filing a second request is 18 months from the date of submission of the divorce application to the Family Court. After that, all parties will be granted a six-month period of divorce before they can file a second petition. The first motion shall be passed and a period of 6 months shall be given before the second motion Then, once the declarations have been made, a decision on the first motion shall be given by the court. ➤ Passing orders for a recording of statements on oath-Įventually, the petition is examined by the court and it satisfies, court may order the party’s statements to be recorded on oath. The court may even attempt to bring reconciliation between husband and wife however, if this is not possible, the matter proceeds for further follow-ups. The court would gradually observe the petition along with all the documents presented in the court by the counsels of both parties individually. The parties would present their respective counsels/lawyers ➤ Appearing before Court and inspection of the petition-Īfter that, both the parties will have to stand before the family court after the filing of the petition. This petition will, then, be signed by both the parties. Steps towards dissolution of Hindu marriage:įirst of all, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both husband and wife on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.