Desk Report:
I got married to Rafi (pseudonym) on 23-02-2024. But soon after the marriage, various disgusting aspects of his character came to my attention. After marriage, I came to know about his relationship with many other women. Apart from that, he used to raise his hand on me verbally. At one stage, Rafi divorced me verbally. Unable to bear all this, I separated from him less than a month after the marriage. Later, another woman told me that Rafi had divorced me. When I asked for proof, she sent me an incomplete divorce certificate. The date of our marriage was not mentioned in that divorce certificate. In fact, a date before our marriage date was given in place of the divorce date. Later, I secretly married Rafi and remarried. Since I thought that Rafi had divorced me verbally and I also had that incomplete divorce certificate. After about a year, Rafi is claiming me as his wife again, while I am living a happy life with my current husband. He is threatening me with various lawsuits. It is not possible for me to accept Rafi. And I have told my current husband everything now, and he still accepts me and wants to live with me. What should I do now? Anonymous
Answer: I am giving you some practical guidelines. However, remember, these are very general information. The most important step is to seek direct advice from an experienced family lawyer/legal aid agency/religious scholar or Qazi for your specific situation.
The main aspects of your situation are your relationship with your first husband Rafi, your second marriage and the current legal risks. Oral divorce may be valid in Islam, but legally in Bangladesh, certain procedures (sending notice to Qazi, registration of notice in Union Parishad/City Corporation, 90 days iddat period, etc.) are mandatory for a divorce to be effective. The incomplete divorce certificate that you received will not be legally valid if it is not properly registered.
Your second marriage: If the divorce proceedings of the first marriage are not legally final, then the second marriage may be considered illegal under Bangladeshi law. However, you misunderstood that the first marriage was over. Your second husband accepted you even after knowing the matter, which is a positive aspect.
Current legal risks
Rafi is threatening to file a case. Usually, the allegations may be a case of extramarital affair or marriage fraud due to the second marriage. However, you have a defense. Because he himself gave the verbal divorce, also gave an incomplete divorce certificate and you separated due to his character. In this situation, you should quickly contact an experienced family/case lawyer and seek legal advice. He will be able to tell whether any of Rafi’s cases will be viable or not. You can also get free legal assistance from the local legal aid office, Mahila Parishad or BRAC Legal Aid.
Collect documents
Save the incomplete divorce certificate given by Rafi, any evidence related to the verbal divorce (messages, call records, witnesses). Evidence of Rafi’s violence and extramarital affairs is also important. Apart from that, you want legal protection. If he is threatening or harassing you, you can file a GD or case under the Women and Children’s Violence Prevention Act or the Domestic Violence Act.
Relationship with current husband
If necessary, seek the help of a lawyer to find a way to legally legalize your second marriage. The strongest step you can take is to finalize the divorce of the first marriage with evidence according to the legal process and make arrangements to legalize the second marriage. Do not be afraid of Rafi’s threats, seek legal help.
Suggested by: Advocate, Bangladesh Supreme Court
