By Advocate Md. Shah Alam · 2026-07-12 · 14 min read
Family law in Bangladesh governs the most personal aspects of life including marriage, divorce, child custody, maintenance, and inheritance. Governed by a combination of personal laws based on religion and general civil statutes, Bangladesh's family law system can be complex to navigate. This comprehensive 2026 guide covers everything you need to know.
Bangladesh does not have a uniform family code applicable to all citizens. Instead, family law is applied based on the religious personal law of the parties involved. Key statutes include:
Understanding which law applies to your situation is the first step. Our family law specialists can assess your case and advise accordingly.
Muslim Marriage: Muslim marriages in Bangladesh are conducted through a Nikah ceremony and must be registered. The Kabinnama (marriage contract) is drawn up by a licensed Kazi and contains essential details including the dower (mahr) amount. Registration is mandatory under the Muslim Marriages and Divorces (Registration) Act 1974.
Minimum Age: The Child Marriage Restraint Act 2017 sets the minimum marriage age at 18 for women and 21 for men.
Hindu Marriage: Hindu marriages are traditionally solemnized by customary rites. There is no comprehensive mandatory registration system for Hindu marriages in Bangladesh, though some districts have administrative registration facilities.
Christian Marriage: Governed by the Christian Marriage Act 1872, Christian marriages require registration with a licensed minister or marriage registrar.
Special Marriage: The Special Marriage Act 1872 allows inter-faith marriages to be registered in a civil ceremony before a Marriage Registrar, without requiring either party to change their religion.
Divorce law in Bangladesh varies by religion:
Muslim Divorce: Governed by the Muslim Family Laws Ordinance 1961. Options include talaq (husband-initiated), khula (wife-initiated with relinquishment of dower), mubaarat (mutual consent divorce), and judicial divorce (faskh) under the Dissolution of Muslim Marriages Act 1939. All divorces require notice to the Arbitration Council, and a 90-day reconciliation period applies.
Hindu Divorce: Bangladesh lacks a codified Hindu divorce law. Limited judicial divorce is recognized based on customary grounds or conversion. Legal separation and maintenance orders are available.
Christian Divorce: The Divorce Act 1869 governs Christian divorce on grounds including adultery, conversion, cruelty, and desertion.
For a detailed process overview, read our complete divorce process guide for Bangladesh.
Child custody in Bangladesh is governed by the Guardians and Wards Act 1890. The overarching principle is the welfare of the child - courts make custody decisions based on what is in the best interest of the child, not on the rights of the parents.
General Rules for Muslim Families:
Visiting Rights: The non-custodial parent is typically granted visiting and access rights. Courts can order supervised visitation if there are safety concerns.
Modification of Custody: Custody orders can be modified if circumstances change significantly such as a change in the custodial parent's financial situation, remarriage, or relocation abroad.
Consult a family lawyer immediately for urgent custody matters including international child abduction cases.
Maintenance During Marriage: Under Muslim personal law, a husband is obligated to maintain (nafaqa) his wife, covering food, clothing, shelter, and medical needs commensurate with his means. Failure to maintain gives the wife grounds for dissolution of marriage.
Post-Divorce Maintenance: A Muslim husband must pay maintenance during the wife's iddat period (approximately 3 months after divorce). Beyond iddat, post-divorce maintenance is not automatic under Muslim personal law but courts often use their equity jurisdiction to award further support.
Child Maintenance: Fathers are obligated to maintain their children regardless of custody arrangements. Courts calculate maintenance based on the father's income, the child's needs, and the standard of living during the marriage.
How to Claim Maintenance: File a petition in the Family Court with jurisdiction. Alternatively, file a complaint under Section 488 of the Code of Criminal Procedure for a faster remedy when urgent maintenance is needed.
Muslim Inheritance: Governed by Islamic personal law (Faraid system). Under the Quran-based inheritance rules applicable in Bangladesh:
Hindu Inheritance: Governed by customary law and the Hindu Succession rules. Property rights of Hindu women have been strengthened through judicial interpretation.
Christian Inheritance: Governed by the Succession Act 1925. Property passes to the spouse and children, with the spouse receiving one-third if there are children.
Property Registration: All inherited property should be properly transferred and registered. Our property law team can assist with land mutation and inheritance transfer procedures.
The Domestic Violence (Prevention and Protection) Act 2010 is Bangladesh's primary law addressing family violence. It provides:
Other relevant laws include the Nari O Shishu Nirjatan Daman Ain 2000 which provides criminal penalties for rape, acid attacks, kidnapping, and trafficking of women and children, and the Penal Code 1860 provisions on assault and criminal intimidation.
Read our detailed guide on applying for a domestic violence protection order in Bangladesh.
The Family Courts Ordinance 1985 establishes dedicated Family Courts in each district of Bangladesh. Key features:
For complex family disputes involving multiple types of relief, working with an experienced family lawyer who knows the local court system is strongly recommended.
The Child Marriage Restraint Act 2017 sets the minimum marriage age at 18 for women and 21 for men. However, the Act contains a provision allowing marriage below these ages in special circumstances with court and parental approval, which human rights groups have criticized.
Yes. Under Muslim personal law, a wife has the right to maintenance (nafaqa) throughout the marriage. She can file a petition in Family Court or use Section 488 CrPC to claim maintenance if her husband fails to provide adequate support, even without filing for divorce.
Bangladesh does not have a community property system. Upon divorce, each party retains ownership of assets in their individual name. Courts can award the wife her unpaid dower (mahr) and order maintenance. Disputes over jointly-held property are resolved in civil courts.
Yes. The Family Courts Ordinance 1985 applies to all citizens regardless of religion. Non-Muslims file divorce, maintenance, and custody cases in the Family Court, with the applicable personal law governing the substantive rights.
Uncontested cases such as mutual divorce or uncontested maintenance may be resolved in 6 to 12 months. Contested family court cases involving custody, property, and divorce simultaneously can take 2 to 5 years in the trial court, with appeals adding additional years.