TRW & Co · Family law
Khula and Talaq-e-Tafweez: How a Wife Can Divorce Her Husband in Bangladesh
How can a wife divorce her husband in Bangladesh? A Muslim wife has three routes: a delegated right of divorce in the kabinnama, khula agreed with her husband, or a Family Court decree on grounds such as cruelty or two years without maintenance. The right route depends on her kabinnama, her evidence and how much dower she is prepared to give up.
Key pointA wife whose kabinnama delegates the right of divorce, or who can prove a statutory ground, may not need to surrender any dower. Khula usually costs the dower, so compare the routes before signing.
At a glance
Delegated divorce
If the kabinnama delegates the power of divorce, the wife can divorce by written notice to the Chairman or Mayor, with the same 90-day period.
Khula needs notice
The High Court Division held in November 2025 that mutual khula still requires notice to the Chairman; without it the dissolution was void.
Court grounds
The 1939 Act lets a wife sue for dissolution for cruelty, two years without maintenance, an unlawful additional marriage and other listed grounds.
Dower is protected
Section 5 of the 1939 Act preserves a wife's dower rights on judicial dissolution; khula agreements commonly trade dower for release.
Family Court jurisdiction
The Family Courts Act 2023 gives Family Courts jurisdiction over dissolution, dower, maintenance, restitution of conjugal rights and custody.
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"How can a wife divorce her husband in Bangladesh?" is one of the most searched family law questions in Chattogram, and the answer is more generous than many women are told. A Muslim wife has three routes: a delegated right of divorce written into the kabinnama (talaq-e-tafweez), khula by agreement with her husband, and a judicial decree from the Family Court. Each route has its own procedure, and each affects dower and maintenance differently.
How can a wife divorce her husband in Bangladesh? The short answer
First, check the kabinnama. If the husband delegated the right of divorce to the wife at the time of marriage, she can divorce him herself, by written notice to the Chairman or Mayor under section 8 of the Muslim Family Laws Ordinance 1961, without going to court.
Second, if there is no delegation, she can ask her husband to agree to a khula, usually in return for giving up some or all of the dower. If he agrees, the same notice and 90-day process applies.
Third, if he refuses, she can sue for dissolution in the Family Court on one of the grounds in the Dissolution of Muslim Marriages Act 1939, or seek khula by court decree. The decree dissolves the marriage without his consent.
Talaq-e-tafweez: the delegated right in the kabinnama
The standard Bangladeshi kabinnama (nikahnama) contains a column asking whether the husband has delegated the power of divorce to the wife and on what conditions. It is commonly referred to as column 18. Where this column records an unconditional delegation, the wife may exercise the right at any time. Where it records conditions, such as the husband taking another wife, failing to maintain her, or ill-treatment, she can exercise it once a condition is met.
Many women do not know what their kabinnama says because the column was filled in, or left blank, by the families and the kazi at the wedding. Obtain a certified copy from the Nikah Registrar's office and read it before deciding anything.
For many women, the answer to "How can a wife divorce her husband in Bangladesh?" is already written in their own kabinnama, and they have simply never been shown it.
Exercising the delegated right
- Confirm the delegation. Read the delegation column in the certified kabinnama and check any conditions attached to it.
- Sign the declaration. Sign a written declaration of divorce under the delegated right, giving the date and quoting the kabinnama entry.
- Send notice. Send written notice to the Chairman of the Union Parishad, the Paurashava Mayor or, in the city, the Mayor of Chattogram City Corporation for the area where you live, with a copy to your husband. Use a method that proves delivery.
- Attend the Arbitration Council. The Chairman must constitute it within 30 days of receiving notice. You may attend through a representative.
- Wait for the effective date. The divorce takes effect 90 days after the Chairman receives the notice, or when a pregnancy ends if that is later.
- Register the divorce. Register it with a Nikah Registrar and obtain a certified copy for your records.
Our guide to the talaq notice process explains drafting, service and the Arbitration Council in more detail.
Khula by agreement with the husband
Khula is a divorce at the wife's instance, made effective by the husband's consent. It is usually negotiated: the wife offers to give up some or all of her dower, or to return what she has received, and the husband agrees to release her.
The High Court Division has been clear that khula is not a private shortcut. In Civil Revision No. 973 of 2021 (judgment of 16 November 2025, full text), it held that a khula, even if mutual and initiated by the wife, becomes effective only through the husband's consent and therefore attracts section 7(1) of the 1961 Ordinance. Notice to the Chairman is mandatory, and without it the purported dissolution was void and inoperative. Earlier, in Civil Revision No. 3676 of 2023 (judgment of 4 February 2025), the court reached the same conclusion on a khula talaq without notice.
Making a khula stick
- Record the terms in writing: who gives up what, and any payments for children.
- Have both spouses sign, ideally before witnesses, and keep originals.
- Send notice to the Chairman or Mayor with a copy to the other spouse, and keep proof of delivery.
- Wait out the 90 days and then register the divorce with a kazi.
Judicial divorce in the Family Court
When the husband refuses both a delegated divorce and khula, the answer to "How can a wife divorce her husband in Bangladesh?" is the Family Court. If there is no delegation and the husband will not agree, the wife can file a suit for dissolution of marriage. The Family Courts Act 2023 gives Family Courts jurisdiction over dissolution of marriage, together with dower, maintenance and custody. Section 2 of the 1939 Act lists the grounds. A wife may obtain a decree if:
- the husband's whereabouts have been unknown for four years;
- he has neglected or failed to provide maintenance for two years;
- he has taken an additional wife in contravention of the 1961 Ordinance;
- he has been sentenced to imprisonment for seven years or more, and the sentence is final;
- he has failed without reasonable cause to perform his marital obligations for three years;
- he was impotent at the time of marriage and continues to be so;
- he has been insane for two years or suffers from leprosy or a virulent venereal disease;
- she was married by her father or guardian before 18 and repudiated the marriage before 19, provided it was not consummated;
- he treats her with cruelty, which includes habitual assault, making her life miserable by cruel conduct even without physical ill-treatment, disposing of her property, obstructing her religious practice, or treating co-wives unequally;
- any other ground recognised as valid for dissolution under Muslim law.
How the suit runs in Chattogram
The wife files a plaint in the Family Court for her area, stating the ground with dates and attaching the kabinnama and supporting documents. The court issues summons to the husband, and the case can be filed online through the e-Family Court portal where it is available. The court will normally attempt reconciliation before hearing evidence. If that fails, the wife and her witnesses give evidence, the husband may contest, and the court gives judgment. Dower, maintenance and custody claims can be brought at the same time, which saves a second round of service and hearings. Our Family Court lawyers prepare and present these suits.
The Act adds safeguards. A decree on the ground of unknown whereabouts does not take effect for six months, and is set aside if the husband appears and satisfies the court that he will perform his duties. On the ground of impotence, the court must give the husband, on his application, up to a year to show he has ceased to be impotent.
The High Court Division also noted in Civil Revision No. 973 of 2021 that where khula is granted by a Family Court decree, the dissolution takes effect by judicial order and section 7 is not attracted. After a decree, obtain a certified copy and take advice on having the dissolution entered with a Nikah Registrar, so that registration records match the court's order.
How can a wife divorce her husband in Bangladesh? The three routes compared
The table sets the routes side by side. In practice, many wives in Chattogram use more than one: they open khula negotiations while preparing a court case, so that the husband sees the realistic alternative.
| Route | Husband's consent? | Court? | Effect on dower | Typical time |
|---|---|---|---|---|
| Talaq-e-tafweez | No (given in advance in the kabinnama) | No | Unpaid dower remains payable | 90 days after notice reaches the Chairman |
| Khula by agreement | Yes | No | Usually reduced or waived as the price of release | 90 days after notice, plus negotiation |
| Judicial dissolution | No | Yes, Family Court | Dower rights are preserved by section 5 of the 1939 Act | Depends on service, evidence and the court's list |
What happens to dower and maintenance
Money is often the real issue behind the question "How can a wife divorce her husband in Bangladesh?", because the route chosen can decide whether the dower survives. Dower (denmohor) is the wife's property and a debt owed by the husband. The kabinnama records the total dower and how much is prompt and deferred. Under section 10 of the 1961 Ordinance, where the mode of payment is not specified, the entire dower is presumed payable on demand. Deferred dower becomes payable when the marriage is dissolved.
A divorce through a delegated right or a judicial decree does not, of itself, reduce the dower. Section 5 of the 1939 Act states that nothing in that Act affects a wife's right to her dower on dissolution. Khula is different: the wife commonly gives up some or all of her dower in exchange for the husband's consent, so read any khula agreement carefully before signing.
The wife is also entitled to maintenance during the iddat period after divorce, and children are entitled to maintenance from their father. Family Courts in recent cases have fixed monthly maintenance with an annual percentage increase. For recovery steps, see our guide on how to recover dower money and our maintenance claim lawyers.
Before agreeing a khula, compare it with the delegated-divorce and court routes. If your kabinnama contains a delegation, or you have a provable ground such as two years without maintenance, you may be able to divorce without surrendering any dower at all.
An illustrative scenario
Illustrative only; the parties are generic. A wife in Chattogram has lived apart from her husband for over two years and received no maintenance. Her kabinnama's delegation column is blank. Her husband offers to "give khula" if she waives her entire dower.
Her options are: accept the khula and lose the dower; or file a Family Court suit for dissolution on the ground of failure to maintain for two years, joined with claims for dower and maintenance. On these facts, the court route preserves her money claims, at the cost of time. A lawyer can also negotiate a khula on better terms, using the strength of the court claim as leverage.
Where women in Chattogram can get help
Women who cannot afford a lawyer can apply to the District Legal Aid Office at the Chattogram judgeship, which provides legal aid to eligible applicants under the Legal Aid Services Act 2000 and can also offer mediation. Women's rights organisations in the city provide counselling and referrals. Whatever the source of help, bring the certified kabinnama, National ID, any notices or messages, and a short written timeline of events: these are what any adviser will ask for first.
Risks and common mistakes
Assuming a khula paper ends the marriage
A khulanama signed by both spouses is not enough on its own. The High Court Division has held that notice to the Chairman is mandatory for mutual khula, and that a dissolution without notice was void. A woman who remarries on the strength of a khula paper alone risks a challenge to the second marriage. Send notice, keep proof, wait 90 days, and register.
Waiving dower without advice
Husbands sometimes present a pre-drafted khula deed in which the wife waives all dower and maintenance. Once signed and acted upon, it is hard to undo. Check first whether you have a delegated right or a court ground that would preserve your dower. If you agree a khula, make the waiver specific and do not waive children's maintenance, which belongs to the children.
Pleading the wrong ground in court
A Family Court suit succeeds on evidence. Pleading cruelty without medical records, messages or witnesses, or two years' non-maintenance without a clear timeline, weakens the case. Choose the ground you can prove, plead the facts with dates, and assemble documents before filing. Grounds can be combined where the facts support more than one.
Leaving custody to be "sorted out later"
Custody and guardianship are decided by the Family Court with the child's welfare as the guiding consideration. Informal arrangements made at the time of divorce often break down. If children are involved, address their living arrangements and maintenance at the outset, by written agreement or by an application to the court. Our child custody lawyers advise on both.
If the wife or husband lives abroad
Distance does not change the answer to "How can a wife divorce her husband in Bangladesh?", but it does change the logistics. Many Chattogram marriages span two countries. A wife abroad can exercise a delegated right by signing the declaration and notice overseas and sending them to the correct office in Chattogram. A Family Court suit can be conducted through a lawyer, and the e-Family Court allows online participation in some cases. If the husband is abroad, service of the suit and of notices needs care, because the court will want proof that he was told. Our NRB divorce lawyers handle both situations.
Next steps
If you are still asking "how can a wife divorce her husband in Bangladesh?", start here:
- Get a certified copy of your kabinnama and check the delegation and dower columns.
- List the facts that might support a court ground, with dates.
- Decide whether khula on offered terms is better than a delegated divorce or a court decree.
- Keep every notice, receipt and message.
- Take advice before signing any document that waives dower or maintenance.
Our khula divorce lawyers in Chattogram advise wives on all three routes and appear in the Family Court. For the wider process, read how to file a divorce case in Chittagong, visit our Chattogram office or contact us: TRW & Co, Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000 · info@trw.co · +880 1779 127165.
Frequently asked questions
01Can a wife give talaq to her husband in Bangladesh?
Only if the husband delegated the right of divorce to her, usually in the kabinnama's delegation column. She then exercises it by written declaration and notice to the Chairman or Mayor for her area, with a copy to the husband. The divorce takes effect 90 days after the Chairman receives notice. Without a delegation, she needs her husband's consent (khula) or a Family Court decree.
02Does a wife lose her dower if she seeks divorce?
Not automatically. A divorce through a delegated right or a Family Court decree does not reduce the dower, and section 5 of the Dissolution of Muslim Marriages Act 1939 preserves dower rights on judicial dissolution. In khula the wife commonly gives up some or all of the dower in return for her husband's consent, so the terms of any khula agreement matter.
03Is notice to the Chairman required for khula?
Yes. In Civil Revision No. 973 of 2021, decided on 16 November 2025, the High Court Division held that mutual khula attracts section 7(1) of the Muslim Family Laws Ordinance 1961 and that notice to the Chairman is mandatory; without it the dissolution was void and inoperative. Khula granted by a Family Court decree is different, because the dissolution then takes effect by judicial order.
04What grounds can a wife use to get a divorce from the Family Court?
Section 2 of the Dissolution of Muslim Marriages Act 1939 lists them, including unknown whereabouts for four years, failure to maintain for two years, an additional marriage in breach of the 1961 Ordinance, a final sentence of seven years or more, failure to perform marital obligations for three years, impotence, certain illnesses, cruelty, and any other ground valid under Muslim law.
05How long does a khula take in Chattogram?
Once the husband agrees and notice reaches the Chairman or Mayor, the divorce becomes effective after 90 days, or later if the wife is pregnant. Negotiating terms and arranging the Arbitration Council can add time. Registration with a kazi follows the effective date. A contested Family Court suit generally takes longer, depending on service on the husband, evidence and the court's list.
06Can a wife living abroad divorce her husband in Bangladesh?
Yes. She can exercise a delegated right by signing the declaration and notice overseas and sending them to the correct office in Chattogram, or appoint an attorney to act for her. A Family Court suit can be filed through a lawyer, and the e-Family Court portal allows online participation in some cases. She should also check whether the divorce will be recognised where she lives.
Sources and official materials
- Muslim Family Laws Ordinance 1961 — Sections 7, 8 and 10: notice, delegated divorce, dower payable on demand
- Dissolution of Muslim Marriages Act 1939 — Grounds for judicial divorce and protection of dower
- Family Courts Act 2023 (পারিবারিক আদালত আইন, ২০২৩) — Family Court jurisdiction
- High Court Division, Civil Revision No. 973 of 2021 — Mutual khula requires notice to the Chairman (16 Nov 2025)
- High Court Division, Civil Revision No. 3676 of 2023 — Khula talaq without notice ineffective; maintenance with annual increase
- High Court Division, Civil Revision No. 4266 of 2015 — Kabinnama dower columns and section 10 of the 1961 Ordinance
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.
