Family law act bangladesh

[ 30th March, 1985 ]

এই আইন পারিবারিক আদালত আইন, ২০২৩ ( ২০২৩ সনের ২৬ নং আইন ) দ্বারা রহিত করা হইয়াছে।

WHEREAS it is expedient to provide for the establishment of Family Courts and for matters connected therewith;

NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1. (1) This Ordinance may be called the Family Courts Ordinance, 1985.

(2) It extends to the whole of Bangladesh except the districts of Rangamati Hill Tract, Bandarban Hill Tract and Khagrachari Hill Tract.

(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

*The Ordinance has come into force on 15th day of June, 1985 by S.R.O No. 239-L/85, dated: 29th May, 1985.

(2) Words and expressions used in this Ordinance, but not defined, shall have the meanings respectively assigned to them in the Code.

3. The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

5. Subject to the provisions of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely:-

6. (1) Every suit under this Ordinance shall be instituted by the presentation of a plaint to the Family Court within the local limits of whose jurisdiction-

Provided that in suits for dissolution of marriage, dower or maintenance, the Court within the local limits of whose jurisdiction the wife ordinarily resides shall also have jurisdiction.

(a) the plaint shall be returned to be presented to the Court to which it should have been presented;

(b) the Court returning the plaint shall endorse thereon the date of its presentation to it and its return, the name of the party presenting it and a brief statement of the reasons therefore.

(3) The plaint shall contain all material facts relating to the dispute and shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the plaint 4 [ * * * ]:

Provided that the plaintiff may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(5) Where a plaintiff relies upon a document in his possession or power as evidence in support of his claim, he shall produce it in the Court when the plaint is presented and shall at the same time deliver the document or a true or photostat copy thereof to be filed with the plaint 5 [and shall also enter such documents in a list to be added or annexed to the plaint].

(6) Where the plaintiff relies upon a document not in his possession or power as evidence in support of his claim, he shall enter such document in a list to be added or annexed to the plaint and state in whose possession or power it is.

6 [(7) The plaint shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (5) and (6) as there are defendants in the suit for service upon such defendants.]

(a) where it is not accompanied by true copies of plaint including the schedule and the lists of documents required under sub-section (7);

(b) where the cost of service of summons and postal charges for notice required to be paid under section 7(5) are not paid;

(c) where the fees required to be paid at the time of presentation of the plaint under section 22 are not paid.

(9) A document which ought to be produced in Court by the plaintiff where the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit:

(2) Every summons issued and notice sent under sub-section (1) shall be accompanied by a copy of the plaint 8 [and copies of the list of documents referred to in sections 6(5) and 6(6)].

(3) A summons issued under sub-section (1)(b) shall be served in the manner provided in rules 9, 10, 11, 16, 17, 18, 19, 19A, 9 [20], 21, 23, 24, 26, 27, 28 and 29 of Order V of the Code; and a summons so served shall be deemed to be due service thereof on the defendant.

(4) A notice sent under sub-section (1)(c) shall be deemed to be duly served on the defendant when the acknowledgement purporting to be signed by the defendant is received by the Court or the postal article containing the notice is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant had refused to take delivery of the postal article containing the notice when tendered to him:

Provided that where the notice was properly addressed, prepaid and duly sent by registered post with acknowledgement due, it may be deemed to be duly served on the defendant after the expiry of thirty days from the date of posting of the notice notwithstanding the fact that the acknowledgement having been lost or mislead or for any other reason has not been received by the Court within that period.

(5) The cost of service of summons issued under sub-section (1)(b), which shall be equal to the cost of service of similar summons under the Code, and the postal charges for notice sent under sub-section (1)(c) shall be paid by the plaintiff at the time of presentation of the plaint.

8. (1) On the date fixed for the appearance of the defendant, the plaintiff and the defendant shall appear before the Family Court and the defendant shall present a written statement of his defence 10 [:

Provided that the Court may, on the prayer of the defendant and for good cause shown, fix another date not beyond twenty-one days for the presentation of the written statement of his defence.]

(2) The written statement shall contain a schedule giving the names and addresses of the witnesses intended to be produced in support of the defence 11 [* * * ]:

Provided that the defendant may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.

(3) Where the defendant relies upon a document in his possession or power as evidence in support of his defence, he shall produce it in the Court when the written statement is presented and shall at the same time deliver the document or a

true or photostat copy thereof to be filed with the written statement 12 [and shall also enter such documents in a list to be added or annexed to the written statement].

(4) Where the defendant relies upon a document not in his possession or power as evidence in support of his written statement, he shall enter such document in a list to be added or annexed to the written statement and state in whose possession or power it is.

13 [(5) The written statement shall be accompanied by twice as many true copies thereof, including the schedule, and the lists of documents referred to in sub-sections (3) and (4), as there are plaintiffs in the suit.]

(6) Copies of the written statement, including the schedule, the documents and the list of documents referred to in sub-section (5) shall be given to the plaintiff, his agent or advocate present in the Court.

14 [(7) A document which ought to be produced in Court by the defendant when the written statement is presented, or to be entered in the list to be added or annexed to the written statement, and which is not produced or entered accordingly shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit:

9. (1) Where on the day fixed for the appearance of the defendant, neither party appears when the suit is called on for hearing, the Court may dismiss the suit.

(2) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-

(a) if it is proved that the summons or notice was duly served on the defendant, the Court may proceed ex parte;

(b) if it is not proved that the summons or notice was duly served on the defendant, the Court shall direct a fresh summons and notice to be issued and served on the defendant;

(c) if it is proved that the summons or notice was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed for his appearance, the Court shall postpone the hearing of the suit to a future day 15 [not exceeding twenty-one days] to be fixed by the Court, and shall give notice of such day to the defendant.

(3) Where a Court has adjourned hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, on such terms as the Court thinks fit, be heard in answer to the suit as if he had appeared on the day fixed for his appearance.

(4) Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall dismiss the suit, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

(5) Where a suit is dismissed under sub-section (1) or wholly or partly dismissed under sub-section (4), the plaintiff may, within thirty days of the making of the order of dismissal, apply to the Court by which the order was made for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal, and shall appoint a day for proceeding with the suit:

Provided that the Court may set the dismissal of a suit under sub-section (4) aside on such terms as to costs or otherwise as it thinks fit:

Provided further that no order setting the dismissal of a suit under sub-section (4) aside shall be made unless notice of the application has been served on the defendant.

(6) Where a decree is passed ex parte against a defendant, he may, within thirty days of the passing of the decree, apply to the Court by which the decree was passed for an order to set it aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him on such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside against all or any of the other defendants also:

Provided further that no order shall be made under this sub-section unless notice of the application has been served on the plaintiff.

(7) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to an application under sub-section (6).

10. (1) When the written statement is filed, the Family Court shall fix a date ordinarily of not more than thirty days for a pre-trial hearing of the suit.

(2) On the date fixed for pre-trial hearing, the Court shall examine the plaint, the written statement 16 [* * *] and documents filed by the parties and shall also, if it so deems fit, hear the parties.

(3) At the pre-trial hearing, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible.

(4) If no compromise or reconciliation is possible, the Court shall frame the issues in the suit and fix a date 17 [ordinarily of not more that thirty days] for recording evidence.

11. (1) A Family Court may, if it so deems fit, hold the whole or any part of the proceedings under this Ordinance in camera.

(2) Where both the parties to the suit request the Court to hold the proceedings in camera, the Court shall do so.

12. (1) On the date fixed for recording of the evidence, the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.

(2) The Court shall not issue any summons for the appearance of a witness for any party, unless, within three days of the framing of issues, the party intimates the Court that it desires the witness to be summoned through the Court and the Court is satisfied that it is not possible or practicable for the party to produce the witness.

(4) The Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or be needlessly offensive in form.

(5) The Court may, if it so deems fit, put any question to any witness for the purpose of elucidation of any point which it considers material in the case.

(7) The evidence of each witness shall be taken down in writing, in the language of the Court, by the presiding Judge of the Court and shall be signed by such Judge.

(8) Where the evidence of a witness is given in any language other than the language of the Court, the presiding Judge may take it down in that language, if possible, and an authenticated translation of such evidence in the language of the Court shall form a part of record.

(9) When the evidence of a witness is taken down, it shall be read over to him and shall, if necessary, be corrected.

(10) If the witness does not accept the correctness of any part of the evidence, the presiding Judge may, instead of correcting the evidence, make a memorandum of the objection made by the witness, and shall add such remarks as he thinks necessary.

(11) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand that language, the evidence shall be interpreted to him in the language in which it was given or in a language which he understands.

13. (1) After the close of evidence of all parties, the Family Court shall make another effort to effect a compromise or reconciliation between the parties.

(2) If such compromise or reconciliation is not possible, the Court shall pronounce judgment and, on such judgment 18 [either at once or on some future day not beyond seven days of which due notice shall be given to the parties or their agents or advocates], a decree shall follow.

14. Where a dispute is settled by compromise or conciliation, the Court shall pass a decree or give decision in the suit in terms of the compromise or conciliation agreed to between the parties.

15. (1) Every judgment or order of a Family Court shall be written by the presiding Judge or from the dictation of such Judge in the language of the Court and shall be dated and signed by the Judge in open Court at the time of pronouncing it.

(2) All judgments and orders which are appealable shall contain the point for determination, the decision thereon and the reasons therefore.

19 [16A. Where, at any stage of a suit, the Family Court is satisfied by affidavit or otherwise, that immediate action should be taken for preventing any party from frustrating the purpose of the suit, it may make such interim order as it deems fit.]

16. (1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed.

(2) If any money is paid, or any property is delivered, in the presence of the Court in satisfaction of the decree, it shall enter the fact of such payment or delivery in the aforesaid register.

20 [(3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, on the prayer of the decree-holder to be made within a period of one year from the expiry of the time so specified, be executed-

(b) as an order for payment of fine made by a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898),

(3A) For the purpose of execution of a decree under sub-section (3)(a), the Court shall be deemed to be a Civil Court and shall have all the powers of such Court under the Code.

(3B) For the purpose of execution of a decree under sub-section (3)(b), the Judge of the Family Court shall be deemed to be a Magistrate of the first class and shall have all the powers of such Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898), and he may issue a warrant for levying the decretal amount due in the manner provided in that Code for levying fines, and may sentence the judgment debtor, for the whole or any part of the decretal amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to three months or until payment if sooner made.

(3C) When a decree does not relate to payment of money, it shall be executed as a decree, other than a decree for money of a Civil Court and for that purpose the Court shall be deemed to be a Civil Court and shall have all the powers of such Court under the Code.]

21 [(4) The decree shall be executed by the Family Court passing it or by such other Family Court to which the decree may be transferred for execution by the Court passing it and in executing such a decree the Court to which it is transferred shall have all powers of the Family Court passing the decree as if the decree were passed by it.]

(5) The Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit.

17. (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge.

(a) for dissolution of marriage, except in the case of dissolution for reasons specified in section 2(viii)(d) of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939);

(3) An appeal under this section shall be preferred within thirty days of the passing of the judgment, decree or order excluding the time required for obtaining copies thereof: