Separation in Hindu Law in Bangladesh
In Hinduism Marriage is one of the 10 major religious reforms. Marriage crates a sacred bond between the husband and wife for eternity and which cannot be dissolved. Thus Hinduism puts high importance on marriage and does not approve of dissolution of marriage or divorce.
In Bangladesh dissolution of marriage or divorce is not permitted under the Hindu law. However there is a scope for Separation under the Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946. Section 2 of the said that stated the grounds for claiming separate residence and maintenance. As per this section a a Hindu married woman shall be entitled to separate residence and maintenance from her husband on one or more of the following grounds, namely,-
1) if he is suffering from any loathsome disease not contracted from her;
2) if he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him;
3) if he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish;
4) if he marries again;
5) if he ceases to be a Hindu by conversion to another religion;
6) if he keeps a concubine in the house or habitually resides with a concubine;
7) for any other justifiable cause .
A Hindu married woman shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by change to another religion or fails without sufficient cause to comply with a decree of a competent Court for the restitution of conjugal rights.