In Muslim family law, the notice of divorce must be given through a Qazi, not a lawyer.

In Muslim family law, the notice of divorce must be given through a Qazi, not a lawyer.
But there is an exception to this rule of divorce by Kazi's notice which will be explained in the last part of this article. That is the issue of divorce through the court.

Lawyers can issue legal notices on matters related to divorce, such as dowry, etc., but the original notice of divorce must be served by the Kazi or Assistant Kazi.

A photocopy of the divorce notice should be kept by the divorcee at the time, as it is needed later during litigation.

And the notice of divorce is sent by registered mail from the Kazi office, which in English we call Registered with AD (AD = Acknowledgment due) letter.

Divorce shall take effect exactly three months or 90 days after the receiving party receives that notice if the compromise is not settled and reconciled in a formal meeting in the prescribed manner.
By the way, if the recipient of the notice is a pregnant wife, the divorce will not take effect until the child is born.

The reason is that if a woman gives birth to a child while she is unmarried after divorce, someone can slander that child as a bastard, that's why the rule of divorce is not effective until the pregnant wife gives birth.

To fully understand any law, it is important to think and understand the reason for the law.
There is no mandatory rule that divorce should be granted from the Kazi Office where the marriage took place.

You got married in Cox's Bazar, now you want to go to Khagrachari and give divorce notice from Kazi office there.

There is no legal bar to it.
If the balance of dowry is paid immediately after the divorce, it is beneficial for both the parties. It is good for the wife who receives the money as well as for the husband who gives the money.

Why is it good for the husband?
The reason is that soon after divorce, many women become vengeful and file false dowry or women abuse cases.

Courts also know this.
That is why if these cases are filed immediately after the divorce, their basis is weak.
A marriage must exist to torture a wife.
If someone divorces and his wife leaves, there is no more opportunity to torture that wife.
Similarly, after divorce, there is no opportunity to ask for dowry.
That is why these cases do not have any force after divorce.
In such a case, if the husband proves to the court during the dowry case that he has immediately paid all the remaining dowry money without asking the divorced wife, then it will be beneficial for him to get bail.

Because it can be argued in his favor that if he was greedy enough to ask for dowry, he would have cheated without paying the dowry.
Many say that if the wife divorces, dowry does not need to be paid.
This is a complete misconception.
There is no option of not paying dowhar in the case of divorce husband or wife.
The dowry must be paid.
However, proof of this must be kept while paying the remaining amount of the dowry.
Deposit the money in the wife's bank account and keep the deposit slip carefully. This has to be demonstrated in the court while applying for bail.

And if the wife does not have a bank account number, the bank account number can be requested for paying dowry by sending a legal notice by registered mail through a lawyer.
If they do not give it, then the copy of that notice is shown in the court during the case and bail hearing, it will be beneficial to get bail.

While a married Muslim man can obtain a divorce through a Qazi, married women cannot always do so.

If at the time of marriage a woman is given the power of divorce in Kabin only then the married woman can directly divorce through the Kazi.

Whether the power of divorce has been granted to the wife is written in the Kabin itself.
If it is not provided then the wife has to file a case of Dissolution of Muslim Marriage Act 1939 in the court and present the reason for divorce to the court and seek divorce through the court.
Kashem Mir (born 05 Oct. 1998) is a Bangladeshi blogger author. He is the founder of Bangla Zoom. He's official Facebook fan page name "Kashem Mir". He started his blogging career in 20…

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