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Marriage & Divorce
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Muslim Marriage
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Marriage is the oldest ceremony in the history of human civilization. It is the basement of all kind of civilizations. Different rules, regulation and Marriage is a bondage, certified by the Law and Society, between male and female. Marriage is a system to protect the society from illegal sexual activities. Islam certifies marriage as a noble and innocent step for happy life.
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Muslim Divorce
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Muslim marriage is a combination of civil agreement and noble bondage between bride and groom. But it is only an agreement only. This agreement normally last forever until the death of any party. But when divorce becomes essential, Islam shows the way to break up the bondage of wedding, although divorce without death of any party is hated by Islam.
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Hindu Marriage
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According to Hindu social customs, Hindu marriages are solemnized through religious rituals. There is no marriage registration system for Hindus in Bangladesh. There is also no Hindu marriage law or Hindu marriage registrar in the country. So, if any Hindu woman suffers in the hands of her in-laws, she does not get legal help. As per The Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946, Hindu women can file cases with courts to only regain the rights to conjugal life. Besides, the Hindu women can file cases under Family Court Ordinance 1985, Dowry Prohibition Act 1980 and Women and Children Repression Act 2003. But these laws are too inadequate to protect the Hindu women's rights.
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Hindu Divorce
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The concept of divorce is not recognized under the orthodox Hindu Law. Manu believed that the duty of a wife continues even after death. She can never have a second husband. The reason is that a marriage from the Hindu point of view creates an indissoluble tie between husband and wife. Unless divorce is allowed by the custom neither party to a marriage can divorce the other party. However, through the passing of Hindu Marriage Act 1955 in India some revolutionary changes have been introduced regarding marriage and divorce. After the passing of the Act the idea of marriage as an indissoluble union has been abolished and it is almost converted to a civil contract just like Muslim Law. The option of Divorce is the most significant part of this Act. Section 13(1) declares the right of divorce to both the parties. The grounds are as follows: Adultery; treated the other party with cruelty; deserted the other party for a continuous period of not less two years immediately preceding the presentation of the petitioner; conversion to other religion; if one party becomes incurably of unsound mind or has been suffering continuously or intermittently from medical disorder of such a kind and extent that other party cannot reasonably be expected to live with the respondent. Four grounds are available only to wife: Bigamy; Rape, sodomy; Non payment of maintenance decreed to the wife; Wife was under 15 when she was married and has repudiated the marriage before she is 18.Unfortunately in Bangladesh any legislative enactment is yet to be introduced allowing a Hindu to divorce his/her spouse. Hindu women in Bangladesh are the worst sufferer due to this lack of provision of divorce. Very often they have to undergo physical and mental torture for dowry from their husband but can't divorce him since there is no such option in our country.
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