Rules for Divorce through Court:- A Muslim husband or wife can divorce for any reasonable reason. However, in order to enforce the divorce, certain procedures have to be followed according to the law. There are certain obligations especially when it comes to sending notice of divorce.
The rules of divorce are almost same for both husband and wife. However, the procedure for divorce through the court is a little different.
In Bangladesh, the wife can apply for divorce from the court against the husband, but this option is limited for the husband.
ELEMENTS OF DIVORCING WIFE THROUGH COURT:
Under the Muslim Divorce Act, 1939, a wife can apply to the court for divorce or talaq on any one or more of the following 9 grounds.
(1) If the husband has been celibate for more than 4 years;
(2) If the husband fails to provide maintenance to his wife for two years;
(3) if the husband remarries without the wife's permission in violation of the provisions of the Muslim Family Law, 1961;
(4) if the husband is sentenced to imprisonment for seven years or more;
(5) If the husband fails to perform his conjugal duties for three years without any reasonable cause;
(6) if the husband is impotent at the time of marriage and remains so till the time of filing the suit;
(7) if the husband has been insane for two years or is suffering from serious venereal disease;
(8) If the wife is married while she is a minor or after attaining the age of majority i.e. after attaining the age of 18 years, the wife refuses to marry (but in this case such a case cannot be filed if the husband has had sexual relations with her).
(9) If the husband treats his wife cruelly; For example-
(a) Physical or mental abuse of the wife.
(b) If the husband has any illicit relationship.
(c) Forcing the wife to lead an immoral life.
(d) If he transfers his property without the wife's consent or prevents the wife from exercising legal rights over her property.
(e) preventing the wife from performing her religious rites.
(f) If the husband has more than one wife, not treating them equally as prescribed in the Holy Qur'an.
And for husbands
(1) By Talaq-e-Taufiz
(2) Divorce shall be given by Khula Talaq.