Last Change:

05/26/2024

The Family Courts Act

Year: 2023

Type: Domestic law

Rights Category: Social protection, Family life, Documentation

Description

The Family Courts Act provides the establishment of Family Courts with jurisdiction to adjudicate matters relating to the dissolution of marriage and other family matters and applies to the whole of Bangladesh without reference to citizenship (except for the Rangamati Hill District, Bandarban District, and Khagrachari District in the Chittagong Hill Tracts). This ordinance applies to all religions in Bangladesh and therefore Rohingya refugees living in the camps, in theory, can seek remedies prescribed under this Ordinance.

Section 5 should not be read as limiting the Court's jurisdiction to "citizens only" and rather should be interpreted broadly. An expert interpretation of the section is- that the provisions of the Muslim Family Law Ordinance (MFLO) will apply to those who fall under the MFLO and for the rest the Ordinance will apply. Hence, for the Persons UNHCR serves can come within the ambit of this ordinance. The matters brought under this Court are civil, hence the Civil Procedure Code will be applicable for the procedural applications. It holds provisions for in-camera trials. The dispute brought to the Court can be settled by Compromise or Conciliation, and the Court can pass a Decree in this regard.

Selected provisions
Jurisdiction of the Family Court

Subject to the provisions of the Muslim Family Law, the Family Court shall have jurisdiction to entertain, try, and dispose of any suit relating to or arising out of all or any of the following matters, namely:-
(a) dissolution of marriage;
(b) restitution of conjugal rights;
(c) dower;
(d) maintenance;
(e) guardianship and custody of children.