Husband is abroad for a long time. He does not look after the wife and children in the country or give maintenance. On the contrary, he is slandering his wife. In such a situation, the wife does not want to live with the husband who is abroad, and wants to divorce. Yes, wife can divorce and remarry elsewhere.
Column 18 of marriage certificate or Nikahnama states whether the husband has delegated the power of divorce to the wife or not? If the answer to this question is yes, then there is no problem in divorce for the wife. Usually ninety-nine percent of cabin names have the word yes written in this cell. So house 18 of Nikahnama should be filled with utmost importance at the time of marriage. Many do not know about this and the house remains empty. Qazis must specifically inform both parties about this 18th column or house while conducting marriage. A wife can divorce her foreign husband by saying yes. This divorce is called Talaq-e-Tawfiz.
A case study is also mentioned in page 9 DLR 455 that the wife can exercise the power of divorce against herself due to the inability of the husband to fulfill his duties towards the wife as this power of kabinnama. In this case, since the wife is giving the divorce, the divorce notice should be sent to the chairman and a copy to the husband. Let us inform here that you can give talaq at home. For this, there is no need to go to the Kazi or the Court Kachari, and there is no need for even a marriage certificate. It is the responsibility of the wife to send the notice of divorce to the address where the husband is staying abroad after declaring the divorce. Also send a copy of the notice to the husband's country address. You can even send a notice to your husband's parents, siblings or guardians in the country to inform them of the divorce. And you must give notice to the chairman of your husband's area. If the permanent address of your husband is within the Union Parishad, then the notice must be given to the Chairman of the Union Parishad, the Mayor of the Municipality if it is a Municipality and the Mayor of the City Corporation if it is a City Corporation. Many people keep the false idea that the divorce will be effective if the divorce is sent after three months without sending the copy of the divorce to the chairman or the person to whom the divorce is granted. To them, this is a complete misconception and you are still wrong.
Here the question may arise as to how long the notice of divorce should be sent. The law says that notice of divorce should be sent as soon as possible after divorce. So if you leave the divorce notice with yourself or in the house, it will not be a divorce. Now the thing to know is how to write divorce notice. The law has not prescribed any specific form or statement for this. You can write the notice writing task yourself at home. You can write the reasons for divorce on a white paper and send it as a notice of divorce. You can do the sending yourself or have someone else do it for you. It is best to send the notice by post registered with AD.
No divorce shall take effect until ninety days have elapsed from the date of receipt of the notice by the Chairman/Mayor. Because within thirty days of receiving the notice, the Chairman/Mayor constitutes the Arbitration Council for the purpose of creating a compromise or compromise between the two parties. Out of this, a total of three notices will be given to the divorcee and divorcee, one each in 30 days. Once the compromise is settled, the divorce will no longer be effective if the divorce notice is withdrawn by the person who granted the divorce. And remember that if someone gets married to someone else before 90 days of receiving the notice has passed, then the marriage will be considered invalid. In this regard there is a decision of the High Court at page 9 of 15 D.L.R. Because the parties remain legally husband and wife until the divorce becomes fully effective. Up to these 90 days the husband is also obliged to provide maintenance to his wife.
You need to know that the divorce will become effective only after 90 days of sending any notice by the Chairman/Mayor or sending the notice whether the arbitration panel is constituted or not. Then you can marry someone of your choice and start a family. There is no restriction in the law.