Archive for the ‘ Family Law ’ Category

Muslim Family Laws Ordinance, 1961 (Bangladesh)

Muslim Family Laws Ordinance, 1961

1. (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.
(2) It extends to the whole of Bangladesh and applies to all Muslim citizens of Bangladesh, wherever they may be.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.
2. In this ordinance, unless there is anything repugnant in the subject or context,-
(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with in this Ordinance:
Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;
(b) “Chairman” means-
i) the Chairman of the Union Parishad;
(ii) the Chairman of the Paurashava;
(iii) the Mayor or Administrator of the Municipal Corporation;
(iv) the person appointed by the Government in the Cantonment areas to discharge the functions of Chairman under this Ordnance;
(v) where the union Parishad, Paurashava or Municipal Corporation is superseded, the person discharging the functions of such Parishad, Paurashava or Corporation or as the case may be, appointed by the Government to discharge the functions of Chairman under this Ordinance:
Provided the where the Chairman of the Union Parishad or Paurashava or the Mayor of the Municipal Corporation is a non-Muslim, or he himself wishes to make a application to the Arbitration Council, or is, owing to illness or an other reason, unable to discharge the functions of Chairman the Union Parishad, Paurashava or Municipal Corporation shall elect one of its Muslim members or Commissioner as Chairman for the purposes of this ordinance;
(c) “Municipal Corporation” means the Municipal Corporation constituted under the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982), or the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983), or the Khulna Municipal Ordinance, 1984 (LXXII of 1984), and having in the matter jurisdiction as prescribed;
(d) “Paurashava” means the Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), and having the matter jurisdiction as prescribed;
(e) “Prescribed” means prescribed by rules made under section11
(f) “Union Parishad” means the Union Parishad constituted under the Local Government (Union Parishads) Ordinace, 1983 (LI of 1983), and having in the matter jurisdiction as prescribed.]

3. (1)The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage ;
(2) For the removal of doubt, it is hereby declared that the provisions of the
Arbitration Act, 1940, the Code of Civil Procedure, 1908 and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.

4. In the event of the death of any son or daughter of the porosities before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive

5. Registration of marriages.- Omitted by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974

6. (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under the Muslim Marriages and Divorces (Registration) Act, 1974
(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.
(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.
(4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision to the Assistant Judge concerned and his decision shall be final and shall not be called in question in any Court.
(5) Any man who contracts another marriage without the permission of the Arbitration Council shall
(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to
the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and
(b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to ten thousand taka, or with both.

7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for term which may extend to one year or with fine which may extend to ten thousand taka] or with both.
(3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.
(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective.

8. Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

9. (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking, any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.
(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate to the Assistant Judge concerned and his decision shall be final and shall not be called in question in any Court.
(3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be recoverable as arrears of land revenue.

10. Where no details about the mode of payment of dower are specified in the nikah nama, or the marriage contract, the entire amount of the dower shall be prescribed to be payable on demand.

11. (1) The Government may make rules to carry into effect the purposes of this Ordinance.
(2) In making rules under this section, the Government may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to five hundred taka, or with both
(3) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Ordinance.

11A. Notwithstanding anything contained in any other law for the time being in force, an offence under this Ordinance shall be tried by a Court within the local limits of whose jurisdiction-
a) the offence was committed; or
(b) the complainant or the accused resides or last resided.

12. In the Child Marriage Restraint Act, 1929,-
(1) in section 2,-
(a) in clause (a), for the word “fourteen” the word “sixteen” shall be substituted;….etc.

2012
10/05
CATEGORY
Family Law
Muslim Family Laws Ordinance
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Family Law of Indonesia (Marriage, Divorce, Custody and child support, Property)

Family Law of Indonesia (Marriage, Divorce, Custody and child support, Property)

Marriage:

“A marriage is legitimate if it has been performed according to the laws of the respective religious beliefs of the parties concerned.”

All couples who marry in Indonesia must declare a religion. Agnosticism and Atheism are not recognized in Indonesia.

The Civil Registry Office can record marriages of persons of Islam, Hindu, Buddhist, Christian-Protestant and Christian-Catholic faiths. Marriage partners must have the same religion, otherwise one partner must make a written declaration of change of religion.

Every non-Islamic marriage must be recorded with the Civil Registry. Without the registration by the Civil Registry these marriages are not legal.

The Religious Marriage under Islam is performed by the Office of Religious Affairs (Kantor Urusan Agama)) Islamic Marriage Certificates (Buku Nikah) issued by the Office of Religious Affairs (Kantor Urusan Agama) are legally valid in Indonesia and do not require registration with any other agency if you are going to live in Indonesia.

Age:

Minimum age for Marriage according to the Marriage Law.

For men: 19 years.

For women: 16 years.

Those who are under 21 years of age must obtain the consent from their parents to enter into marriage.

For the Notice of Intention to Marry you have to submit the following documents for both partners to the Civil Registry Office. •

Certificate of the religious marriage:

• Passport for foreign citizens, or KTP (Identity card) for Indonesian citizens;

• Certified birth certificate;

• Certified divorce decree (absolute) or death certificates regarding the termination of all previous marriages;

• Four 4×6 cm photos, both partners side by side;

Foreign citizens:

• ‘Letter of No Impediment to Marriage’ issued by your Consular Representative for Bali or Indonesia;

Indonesian citizens:

• never married: letter Surat Keterangan Belum Kawin from Kepala Desa or Lurah (mayor);

• Men aged 18-21 and women aged 16-21: parental letter of consent, signed across the meterai/tax stamp Rupiah 2,000. •

Before the marriage, you and your fiance(e) also may wish to file with the Civil Registry a prenuptial Property Agreement (Surat Pernyataan Harta) which must be signed before a local Notary Public. This contract is necessary if you wish to hold property separately during the marriage. In the absence of such a document, Indonesian marriage law assumes joint ownership of property.

Two witnesses over the age of 18 are required.

The Civil Registry office has a Mandatory Waiting Period of 10 working days from the date of filing.

Marriage may be terminated due to several reasons asfollows:

1. Death of either party

2. Divorce

3. Upon court’s decision Divorce:

There are two ways to effect divorce:

1. Divorce by “talak”

2. Divorce by judgement of the court of law.

Divorce by “talak” is applicable to Moslem spouses.

Divorce by judgement of the court of law is applicable to Moslem as well as non-Moslem spouses.

Divorce may only be executed before a court session, before the district court for Non-Moslems and before the religious court for Moslems.

Therefore, either one of the parties wanting to divorce needs to file a divorce petition to the court.

Divorce can only be obtained by a judgement of the court of law, after the court has tried unsuccessfully to reconcile the parties. Talaq:

Marriage Law provides that divorce shall be carried out only before Court of Law, after Court has endeavored to reconcile the parties; husband married under Islamic law may submit letter notifying religious court of his intention to divorce and giving his reasons; if husband’s reasons accord with any of six grounds for judicial divorce outlined in Marriage Law and determines that reconciliation is not possible, court will grant session in order to witness divorce.

Judicial Divorce:

Either spouse may seek judicial divorce (preceded by reconciliation efforts by judge) on the sufficient reasons”. The reasons for a divorce have been regulated in the Marriage Law, which are, in the event where one of the parties:

1. Has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;

2. Has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;

3. Has been sentenced to imprisonment for five years or a longer period

4. Has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse; •

5. has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or •

6. Irreconcilable differences.

Custody and child support:

Marriage Law simply provides that in case of dispute over custody, Court shall render its judgement; father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case Court may order mother to share expenses. In case of minor children, the Court will usually award custody of such children to the mother, unless the mother is the one who is at fault or there is proof of her incompetence Being a holder of child custody and maintenance is not permanent. A father or a mother could lose child custody and maintenance in the event he/she cannot guarantee the child’s physical and spiritual safety. At the request of child’s relatives concerned, the religious court may transfer the custody rights to other relatives who have rights of custody as well. Although child custody is a right of a mother, but sometime she could lose the rights due to special factors.

Property:

Property acquired during the marriage shall become joint marital property of the husband and the wife. Property brought into marriage by the husband or the wife or acquired separately by either one of them as a gift or inheritance shall remain the property of the party concerned, unless determined otherwise. The division of joint marital property will be dealt with according to the respective laws of the spouse. The laws may be their respective religious laws, customary law and other laws. The joint property is usually divided equally between the spouses.

2011
01/16
CATEGORY
Custody and child support
Divorce
Family Law
Family Law of Indonesia (Marriage
Property)
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Dowry probation act -1980 (Joutook Nirodh Ain)

Dowry probation act -1980 (Joutook Nirodh Ain)

“Dowry means any property or valuable security given or agreed to be given either directly or indirectly-
a) By one party to a marriage to the another party to a marriage
b) By the parents of either party to a marriage or by any other person to either party to the marriage or to any other person,
At the time of marriage or at any time before or after marriage as consideration for the marriage of the said parties, but dose not include dower or mohr in the case of persons to whom the Muslim Personal Law applies.
Sec.3)Penalty for giving or taking dowry- Continue reading →

2010
07/28
CATEGORY
Family Law
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Family Law(Bangladesh)

Under the Family law Ordinance1985 the Assistant Judge is to act as a Family Court to try family matters specified in the ordinance. Section 5 of the ordinance provides that subject to the provision of the Muslim Family Law Ordinance- 1960 a family court will have jurisdiction over the following matter:
1. Dissolution of marriage
2. Restitution of congeal life.
3. Dower
4. Maintenance
5. Guardianship and custody of children.
Court Proceeding
After filing of the plaint when written statement is filed by defended in the court, the Court shall fix a date within 30 days for pre-trial hearing. On that date the Court attempt to affect a compromise or reconciliation between the parties, if possible. Compromise or reconciliation failed Court take evidence of the parties and deliver his decision.

DIVORC/Talaq
According Muslim law if any person wishing to divorce his wife, shall as soon as may be after pronouncement of TALAQ in any form whatsoever, give the Mayor/Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. Continue reading →

2010
07/16
CATEGORY
Family Law
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