TRW & Co · Family Law
Divorce Lawyer in Chittagong (Chattogram)
A divorce lawyer in Chittagong guides you through talaq, khula, a wife's delegated right of divorce, or a Family Court decree of dissolution. In Bangladesh each route needs written notice, a ninety-day period and registration with the kazi, and mistakes surface years later. This guide explains each route and how it works in Chattogram.
Key pointA wife whose kabinnama delegates the right of divorce to her can end the marriage through the notice procedure without the husband's consent and without giving up dower, so check the kabinnama before agreeing to khula.
At a glance
Notice to the Chairman
Talaq requires written notice to the Chairman, in the city the Chattogram City Corporation, with a copy to the wife, under section 7 of the 1961 Ordinance.
Ninety days to effect
Talaq takes effect ninety days after the Chairman receives notice unless revoked, or at the end of pregnancy if that is later.
Wife's statutory grounds
The 1939 Act lets a wife obtain dissolution for non-maintenance for two years, desertion, cruelty, an unauthorised second marriage and other listed grounds.
Registration with the kazi
Divorces must be registered with the Nikah Registrar under the 1974 Act; the certificate is what passport offices and embassies rely on.
Online filing available
Chattogram's e-Family Court, launched in late November 2025, accepts dissolution suits online with remote hearings, which helps probashi clients.
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What divorce and talaq cover in Bangladesh and in Chattogram
A divorce lawyer in Chittagong advises on every way a marriage can end under Bangladeshi law: talaq pronounced by a husband, talaq-e-tafweez exercised by a wife under a delegated right, khula agreed between the spouses, mubara'at (mutual release), and a court decree of dissolution from the Family Court. Each route has its own notice, registration and evidence requirements, and each affects dower, maintenance and custody differently.
For Muslim couples, who make up most divorce clients in Chattogram, the process is partly administrative and partly judicial. Talaq and khula run through the local government Chairman, an Arbitration Council and the kazi. A contested dissolution runs through the Family Court. Hindu, Christian and Buddhist couples face different rules, often more restrictive, which we cover below and on our Hindu family law page.
Divorce becomes a legal question the moment one spouse decides to end the marriage, but the most expensive problems usually appear later: a remarriage questioned because notice was never served, a visa refused because the divorce was not registered, or dower lost because a wife signed a release she did not understand. Early advice prevents most of them.
The legal framework for divorce
Four instruments do most of the work for a divorce lawyer in Chittagong.
Muslim Family Laws Ordinance 1961
Under section 7 of the Muslim Family Laws Ordinance 1961, a husband who pronounces talaq in any form must give written notice to the Chairman and supply a copy to his wife. The Chairman forms an Arbitration Council to attempt reconciliation.
The talaq does not take effect until ninety days after the Chairman receives the notice, unless it is revoked earlier; if the wife is pregnant, it takes effect at the later of those ninety days or the end of the pregnancy. Failing to give notice is an offence. The same notice process applies where a wife exercises a delegated right of divorce or where either spouse ends the marriage other than by talaq.
Dissolution of Muslim Marriages Act 1939
The Dissolution of Muslim Marriages Act 1939 lets a wife ask the court to dissolve her marriage on listed grounds, including:
- the husband's whereabouts have been unknown for four years;
- he has failed to maintain her for two years;
- he has taken an additional wife in breach of the 1961 Ordinance;
- he has been sentenced to imprisonment for seven years or more;
- he has failed, without reasonable cause, to perform his marital obligations for three years;
- impotence, insanity for two years, or certain serious diseases;
- cruelty, which the Act defines broadly to include habitual assault, making her life miserable, interfering with her property or religious practice, and unequal treatment of co-wives;
- repudiation of a marriage arranged before she turned 18, if done before 19 and the marriage was not consummated; and
- any other ground recognised as valid under Muslim law.
The Act expressly preserves the wife's right to her dower.
Family Courts Act 2023 and registration
The Family Courts Act 2023 gives Family Courts jurisdiction over dissolution of marriage, together with dower, maintenance, restitution of conjugal rights and custody, so related claims can be heard together. Under the Muslim Marriages and Divorces (Registration) Act 1974, divorces must be registered with the Nikah Registrar (kazi). Registration does not itself create the divorce, but it is the record that embassies, passport offices and future spouses rely on.
Where it happens in Chattogram
Within the city, talaq notices go to the Chattogram City Corporation, where the Chairman's functions are exercised and Arbitration Councils are convened; outside the city, to the Union Parishad or Pourashava for the wife's area. Dissolution suits are filed in the Family Court with jurisdiction over where the wife lives, which in the city means the Family Courts of the Chattogram judgeship, or through the Chattogram e-Family Court launched in late November 2025. Appeals go to the District Judge or a designated appellate court, and questions of law can reach the High Court Division of the Supreme Court.
Choosing a route: talaq, khula, tafweez or a court decree
The right route depends on who wants the divorce, whether the other spouse cooperates, and what is at stake financially. A divorce lawyer in Chittagong will compare these options with you at the first meeting.
| Route | Initiated by | Needs consent? | Effect on dower | Main forum |
|---|---|---|---|---|
| Talaq | Husband | No | Full unpaid dower becomes due | Chairman / City Corporation, kazi |
| Talaq-e-tafweez | Wife, using a right delegated in the kabinnama | No | Dower preserved | Chairman / City Corporation, kazi |
| Khula | Wife | Yes, husband's agreement | Often reduced or waived as part of the bargain | Agreement, notice, kazi |
| Mubara'at | Both | Yes, mutual | As agreed | Agreement, notice, kazi |
| Judicial dissolution | Wife | No | Dower preserved by statute | Family Court |
Many wives in Chattogram do not realise that the standard kabinnama form contains a clause on delegating the right of divorce. Where it was granted, a wife can end the marriage herself through the notice procedure without the husband's consent and without giving up dower. Our khula and wife-initiated divorce page and the article on khula and talaq-e-tafweez explain both routes.
The kabinnama signed on the wedding day often decides the divorce: the dower figure, how much was marked paid, and whether the wife holds a delegated right to divorce.
Step-by-step: how a talaq or khula is completed in Chattogram
For an uncontested divorce, the steps a divorce lawyer in Chittagong follows are largely administrative, but each must be documented.
- Review the kabinnama. Obtain a certified copy if the original is missing. Check the dower amount, any part marked paid and the delegation clause.
- Prepare the notice. Draft the written notice of talaq, tafweez or khula, signed by the spouse exercising the right, with the details of the marriage.
- Serve the Chairman and the spouse. Deliver the notice to the City Corporation (or the Union Parishad or Pourashava outside the city) and send a copy to the other spouse, keeping postal receipts or acknowledgements.
- Arbitration Council. The Chairman convenes the Council to attempt reconciliation. Attendance is usually by the parties or their representatives; reconciliation is not compulsory.
- Ninety-day period. The divorce takes effect ninety days after the Chairman receives the notice unless revoked, or later if the wife is pregnant.
- Register the divorce. Register with the kazi and obtain the divorce registration certificate, which is the document most authorities will ask for.
- Settle money and children. Pay or recover dower and maintenance during the iddat period, and agree or litigate custody. Unresolved claims go to the Family Court.
Our articles on the talaq notice process and on obtaining a divorce certificate from a kazi go into each step.
If the divorce is contested
Where the husband will not agree and the wife holds no delegated right, she files a suit for dissolution in the Family Court, usually joined with claims for dower and maintenance. The court serves the husband, attempts reconciliation before trial, hears evidence and passes a decree. Once a decree is passed, it is sent to the Chairman and the dissolution is registered. Our step-by-step guide on how to file a divorce case in Chittagong covers this route.
Documents and evidence
- Registered kabinnama or a certified copy from the kazi's register.
- National ID cards or passports of both spouses; children's birth registration.
- Draft and signed notice, postal receipts, courier tracking or acknowledgement from the City Corporation.
- Any khula or mubara'at agreement, signed and witnessed, setting out what happens to dower.
- For a dissolution suit, evidence of the ground relied on: proof of non-maintenance, medical records, General Diary entries, messages, witness statements, or proof of an unauthorised second marriage.
- For a party abroad, an attested power of attorney or authorisation and copies of residence documents.
Keep proof that the notice actually reached the Chairman and the spouse. Years later, when a divorce is challenged in a remarriage, inheritance or immigration context, the postal receipt or the City Corporation's acknowledgement is often the only evidence of the date the ninety days began.
Risks and common mistakes
Triple talaq pronounced in one sitting
Some husbands still pronounce talaq three times at once and treat the marriage as ended immediately. Bangladeshi courts generally treat the statutory notice and ninety-day period as applying to every form of talaq, and commentators note that an instant divorce cannot be reconciled with that procedure. Courts have also differed on whether talaq without notice is valid at all. The safe course is always the full notice procedure. A divorce lawyer in Chittagong can regularise a talaq that was pronounced informally by serving proper notice now.
Failing to register the divorce
An unregistered divorce causes problems with passports, remarriage, embassy applications and inheritance. Registration through the kazi is a legal requirement and creates a public record. If the kazi who registered the marriage is not available, the kazi for the relevant area can register the divorce on production of the notice and supporting papers. Certified copies should be kept with other family records, ideally in both Bangla and attested English translation for use abroad.
Waiving dower under pressure in a khula
Khula requires the husband's consent, and he may demand that the wife give up her dower in return. Some pressure is part of bargaining, but documents signed under threat or without understanding can be challenged. A wife who holds a delegated right of divorce does not need khula at all and keeps her dower. Before signing any khula agreement, check the kabinnama and consider whether a court dissolution would be better. See our dower recovery page.
Ignoring the children until the end
Divorce does not decide custody. If the parents do not agree, either can apply to the Family Court for custody or guardianship. Children are best protected by agreeing interim arrangements early and keeping school and residence stable. A parent who removes children from Chattogram or abroad without consent may face a custody application and criminal complaints. Our child custody page explains how courts weigh welfare.
Relying on a foreign divorce without checking
A divorce granted by a court in the UK, a Gulf state or elsewhere may or may not be treated as effective in Bangladesh, depending on the parties' religion, how the divorce was obtained and whether the Bangladeshi procedure was followed. Before remarrying in Bangladesh or relying on the foreign divorce in an inheritance or property matter, get advice. In some cases the simplest fix is to complete the Bangladeshi notice and registration process as well.
Dower, iddat maintenance and money on divorce
The financial consequences of a divorce are often more contested than the divorce itself. When a marriage ends by talaq, any unpaid dower becomes payable, and the 1961 Ordinance treats dower as payable on demand where the kabinnama does not say how it is to be paid. The husband must also maintain the wife during the iddat period that follows the divorce.
The Appellate Division has held that a divorced Muslim wife's right to maintenance from her former husband ends with the iddat period, so planning for the period after that matters. Children are different. A father's duty to maintain his children continues after divorce, whoever has custody, and the Family Court can fix an amount based on his means and the children's needs.
In practice, a divorce lawyer in Chittagong will usually try to settle all money issues in one document: the dower balance, iddat maintenance, arrears of maintenance during the marriage, children's maintenance and who keeps which household items and gifts. Where that is not possible, the wife can combine claims for dower and maintenance in one Family Court suit. Our pages on maintenance claims and the guide to recovering dower through the Family Court explain the claims.
What happens at the Arbitration Council
Once the City Corporation receives a talaq notice, it convenes an Arbitration Council made up of the Chairman or a representative and a nominee of each spouse. Its job is to attempt reconciliation. Parties are invited to attend, and a spouse living abroad can usually be represented. The Council cannot force the parties to stay married, and if no reconciliation is reached the talaq takes effect at the end of the ninety days.
Clients sometimes treat the Council as a formality. It is better used as an opportunity. A meeting attended with a clear proposal on dower, maintenance and children often produces a signed settlement that avoids Family Court litigation altogether. If you are the spouse receiving the notice, attending, or sending a representative with written proposals, also creates a record that you engaged in good faith, which can help in later proceedings over children or money.
Divorce for Hindu, Christian and other couples
Hindu personal law as applied in Bangladesh does not provide for divorce in the way Muslim law does, although Hindu wives can seek separate residence and maintenance, and marriages can be registered under the Hindu Marriage Registration Act 2012. Christian couples are governed by the Divorce Act 1869, and couples married under the Special Marriage Act 1872 follow that Act's rules. The Family Court's jurisdiction is not limited to Muslims, so maintenance and custody claims are available across communities. A divorce lawyer in Chittagong must first identify which personal law applies.
Divorce for probashis and foreign spouses
Chattogram has one of the largest probashi populations in Bangladesh, and many divorces start with one spouse in Saudi Arabia, the UAE, Oman, Qatar, the UK, Italy or Singapore. A husband abroad can serve talaq notice from overseas, but delivery to the City Corporation and the wife must be provable. A wife whose husband is abroad can file a dissolution suit in Chattogram; service abroad takes planning, and the e-Family Court allows remote appearance.
TRW & Co's offices in Dhaka, Singapore, Dubai and London help clients sign and attest documents where they live and coordinate with local counsel where parallel foreign proceedings exist. Our NRB divorce page and guide to divorce from abroad give more detail.
How TRW & Co helps as your divorce lawyer in Chittagong
We act from our Chattogram office at Court Hill, and the firm's Bangladesh advocates appear in the Family Courts and appellate courts of the Chattogram judgeship.
Talaq and tafweez notices
We draft the notice, serve the City Corporation and the spouse with provable delivery, attend the Arbitration Council and register the divorce. The result is a file that will stand up when it is checked years later.
Khula negotiation
We negotiate khula and mubara'at terms, including dower, maintenance during iddat and children's arrangements. We record them in a document that is clear and enforceable.
Dissolution suits
We file and defend suits for dissolution in the Family Court, joined with dower, maintenance and custody claims. We use the reconciliation stage to settle where that serves the client.
Cross-border divorces
We run divorces for clients abroad through attested powers of attorney and the e-Family Court. We also advise on recognition of foreign divorces and coordinate through our international offices.
Divorce often sits alongside other family issues. See our family law overview, our maintenance page, the Chattogram office hub and our full list of practices.
Checklist before you start a divorce
- Find the kabinnama and check the dower, any amount marked paid and the delegation clause.
- Decide whether talaq, tafweez, khula or a court decree fits your situation.
- Prepare a signed written notice and serve it on the Chairman and the spouse with proof.
- Diary the ninety-day date and any pregnancy-related extension.
- Register the divorce with the kazi and keep certified copies.
- Resolve dower, iddat maintenance and child maintenance, by agreement or in the Family Court.
- Agree interim arrangements for the children and avoid unilateral moves.
- If either spouse lives abroad, arrange attested documents early and consider the e-Family Court.
To speak to a divorce lawyer in Chittagong in confidence, contact our Chattogram office, email info@trw.co or call +880 1779 127165.
Frequently asked questions
01How long does a divorce take in Chattogram?
For talaq, tafweez or khula, the divorce takes effect ninety days after the Chairman receives the written notice, unless revoked, or later if the wife is pregnant. Registration with the kazi follows. A contested dissolution suit in the Family Court takes longer, depending on service of summons, the court's list and how much is disputed. Chattogram's Family Courts carry a heavy caseload, so a well-prepared plaint and early use of the reconciliation stage help.
02Where do I send a talaq notice in Chattogram city?
Within the city, the notice goes to the Chattogram City Corporation, which exercises the Chairman's functions under the Muslim Family Laws Ordinance 1961 and convenes the Arbitration Council. A copy must go to the other spouse. Outside the city, the notice goes to the Union Parishad chairman or the Pourashava for the relevant area. Keep postal receipts or a written acknowledgement, because the date of receipt starts the ninety-day period.
03Can a wife divorce her husband without his consent?
Yes, in two ways. If the kabinnama delegated the right of divorce to her, she can exercise talaq-e-tafweez through the same notice procedure, without his consent and without losing dower. If not, she can file a suit for dissolution in the Family Court on grounds in the Dissolution of Muslim Marriages Act 1939, such as non-maintenance for two years, cruelty or an unauthorised second marriage. Khula, by contrast, needs the husband's agreement.
04What happens to dower after divorce?
Unpaid dower becomes payable when the marriage ends by talaq, and a wife who obtains a court decree keeps her right to dower under the 1939 Act. In khula the wife may agree to give up some or all of it as the price of the husband's consent. If dower is not paid, she can sue for it in the Family Court, often in the same proceedings as maintenance. Our dower recovery page explains the claim.
05Is a divorce from a UK or Gulf court valid in Bangladesh?
It depends on the parties' religion and domicile, how the foreign divorce was obtained and whether Bangladeshi procedure was also followed. Recognition is not automatic. Before remarrying in Bangladesh or relying on a foreign divorce in a property or inheritance matter, take advice. Often the simplest safeguard is also to complete the Bangladeshi notice and registration process.
06What does the Family Court charge to file a dissolution suit?
The court fee for a Family Court suit under the Family Courts Act 2023 is Tk 200. Other costs include lawyers' fees, service of summons, certified copies and, for parties abroad, attestation of documents. We give an estimate of professional fees after reviewing the kabinnama and understanding whether the case is likely to be contested.
07Can a Hindu couple divorce in Bangladesh?
Hindu personal law as applied in Bangladesh does not provide a general right of divorce like Muslim law. A Hindu wife can, however, seek separate residence and maintenance, and Family Courts hear maintenance and custody claims regardless of religion. Christian couples are governed by the Divorce Act 1869, and couples married under the Special Marriage Act 1872 by that Act. Identifying the applicable personal law is the first step.
Sources and official materials
- Muslim Family Laws Ordinance 1961 — Talaq notice, Arbitration Council, polygamy, maintenance and dower rules
- Dissolution of Muslim Marriages Act 1939 — Grounds on which a wife may obtain a court decree of dissolution
- Family Courts Act 2023 — Family Court jurisdiction, court fee and appeals; replaced the 1985 Ordinance
- Muslim Marriages and Divorces (Registration) Act 1974 — Registration of marriages and divorces by Nikah Registrars (kazis)
- Guardians and Wards Act 1890 — Appointment of guardians and custody of minors
- Supreme Court of Bangladesh — High Court Division judgments, cause lists and revisional practice
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
