Rule issued on use of insulting words for wife in divorce notice

The High Court on Sunday issued a rule questioning why using derogatory language towards a wife in a divorce notice shouldn’t be declared illegal.

The bench of justice M Enayetur Rahim and justice Mostafizur Rahman issued the rule during a hearing of a writ petition filed by a woman.

The court also asked why a specific form of divorce notice hasn’t been formulated.

Three respondents, including the Ministry of Law and Directorate of Registration have been ordered to submit an answer within the next four weeks in this regard.

Abdullah Al Noman, lawyer presenting the petitioner’s side, said there is no official form for sending divorce notice. Objectionable language against women was being used in the one produced by the judges, hence the writ petition was filed, he said.

Deputy attorney general Bipul Bagmar represented the state.

The writ petition was filed by Rakhi K Zaman, currently working at the Windsor University of Canada.

The petition said, a divorce notice sent to Rakhi by her husband Rakib Muktadir in 2017 says “The wife is disobedient to her husband, which goes against the Islamic Shariah law. I (Rakib) have tried to change her unmannerly attributes many times but she (Rakhi) didn’t change herself.”

Saying the use of this kind of language against women is insulting, irrational and unlawful, Rakhi filed the petition at court on 2 June.

“This also causes many complications for women when they opt for getting married again,” said advocate Abdullah Al Noman.

The writ says, according to Muslim Family Laws Ordinance 1961 and Muslim Marriage and Divorce (Registration) Act, 1974 using this kind of language harms women’s honour and right as a human.

Also it violates sections 27, 28, and 32 of the constitution, Rakhi says in her petition.