Best Divorce Lawyer in Dhaka
Divorce in Bangladesh is a legal process that involves specific procedures and compliance with personal and statutory laws. Whether the case falls under Muslim Family Law, Hindu Marriage Act or the Special Marriage Act, proper legal guidance is essential to ensure that all rights and obligations of both parties are addressed lawfully and fairly.
- Elahi & Associates, headed by Barrister Monjur Elahi Porag is widely recognized as one of the best divorce lawyers in Dhaka. With extensive experience in family law and civil litigation, he offers clients clear and results-oriented legal advice in all aspects of matrimonial and family disputes.
Legal Framework of Divorce in Bangladesh
Divorce proceedings in Bangladesh are governed by different laws based on religion and marital registration:
- Muslim Family Laws Ordinance, 1961 – governs divorce, maintenance, and dower for Muslims.
- Family Courts Ordinance, 1985 – provides the jurisdiction for family courts to handle cases like divorce, custody, maintenance, and restitution.
- Hindu Marriage Act, 2012 – governs marriage and separation among Hindus.
- Special Marriage Act, 1872 – applies to interfaith marriages and civil marriages.
The process involves legal notices, documentation and registration of divorce depending on the type of marriage and circumstances. Proper legal assistance ensures compliance with these laws and protection of the client’s rights during proceedings.
The extensive experienced lawyers of M. Elahi & Associates brings both technical and strategic expertise to each case.
Why choose M. Elahi & Associates for Divorce and Family Law matters
Mr. Elahi completed his LL.B (Hon’s) from the University of London, LL.M in Financial Regulation and Compliance from BPP University, UK and Bar Professional Training Course (BPTC) before being called to the Bar of England and Wales from Lincoln’s Inn. This dual exposure to Bangladeshi and UK legal systems provides him with a clear edge in analytical reasoning, advocacy and legal drafting.
- Elahi & Associates provides full legal support for:
- Divorce by mutual consent and contested divorce
- Drafting and serving talaq notices under Muslim law
- Filing and defending suits for restitution of conjugal rights
- Child custody and guardianship cases
- Maintenance claims
- Property and inheritance issues arising from divorce
- Registration and documentation of divorce settlements
The firm maintains strict confidentiality and professionalism throughout each case ensuring compliance with both legal and procedural standards set by Bangladeshi law.
Under Mr. Elahi’s supervision, the firm handles all aspects of litigation including the preparation of pleadings, statements and petitions before Family Courts, District Courts and the Supreme Court. His deep understanding of procedural law, evidence law and personal law statutes ensures each case is prepared with precision and backed by legal merit.
In addition to family and divorce law, Mr. Elahi and his team provide services in corporate law, commercial law, tax, labour and intellectual property. This multidisciplinary experience becomes valuable in divorce cases involving business ownership, joint property or foreign elements such as international marriages or expatriate clients.
Beyond courtroom practice, Barrister Elahi has made notable academic and social contributions. He has taught law at ASA University and Bhuiyan Academy, currently lectures at the Insurance Academy (Ministry of Finance) and frequently appears on Radio Dhoni’s legal program “Ain o Adalat.”
He also provides pro bono advice through nonprofit organizations such as Brotee focusing on child rights and protection.
When dealing with divorce or family law disputes in Bangladesh, legal understanding is crucial. With M. Elahi & Associates, clients receive strategic advice, strong representation and complete legal support ensuring that their rights and interests are fully protected under the law.
FAQs
- How long does a divorce take in Bangladesh?
For Muslim marriages, the process usually takes 90 days from the date of serving the talaq notice, provided the arbitration process is completed. However, court proceedings for contested divorces can take longer, depending on the case.
- Can a woman initiate divorce in Bangladesh?
Yes. Under the Muslim Family Laws Ordinance, 1961, a woman can file for divorce if her marriage contract (kabinnama) includes the delegated right to talaq, or she may seek judicial separation through the Family Court.
- What documents are required for a divorce case?
Documents usually include the marriage certificate (kabinnama), national ID, proof of address, and any evidence of disputes or claims related to maintenance, custody, or property.
- Is legal representation mandatory for filing divorce?
While not strictly mandatory for serving notices, having a lawyer is essential for drafting documents correctly, ensuring legal validity, and representing the client in Family Court.
- Can foreign nationals or expatriates file for divorce in Bangladesh?
Yes. Divorce involving Bangladeshi citizens or marriages registered in Bangladesh can be processed locally. Mr. Elahi’s firm also assists foreign clients and expatriates with cross-border legal compliance.
- What happens to child custody after divorce?
Custody decisions are made based on the best interests of the child under the Family Courts Ordinance, 1985, considering factors like age, care, and welfare.
- How is property divided after divorce?
Unlike in some Western jurisdictions, Bangladesh does not have a “community of property” or “marital property” system. That means — marriage itself does not create joint ownership of property. Each spouse retains ownership of property acquired: before marriage, and during marriage in their own name or by their own means.
So, after divorce, each party keeps their own property, unless they can prove a legal or equitable claim to the other’s property.
