FA M I LY L AW Family Courts Ordinance, 1985 S UMMARY Provides for the establishment of Family Courts with jurisdiction to adjudicate matters relating to the dissolution of marriage, restitution of conjugal life, dower, and the maintenance, guardianship, and custody of children. A PPL ICAB IL IT Y TO RO H I NGYA This Ordinance applies to the whole of Bangladesh (except for the Rangamati Hill District, Bandarban Hill District, and Khagrachari Hill District in the Chittagong Hill Tracts), without reference to citizenship. The Ordinance has been interpreted by courts to be applicable to people of all religions in Bangladesh.21 Therefore, Rohingya persons, as long as they do not live in the exempted districts, are arguably covered by the Ordinance. PROTECTIO N NOT ES In accordance with Section 5 of this Act, Family Courts have exclusive jurisdiction to try suits relating to/arising out of the dissolution of marriage, restitution of conjugal rights, dower, maintenance, and the guardianship and custody of children, provided that in cases involving Muslim parties, the relevant provisions of the Muslim Family Laws Ordinance, 1961 will apply to the Court’s decisions on such matters. In order to bring a suit before a Family Court: • The cause of action should wholly or partially have arisen within the territorial jurisdiction of the Family Court concerned, or the parties should have last resided together within that jurisdiction (Section 6). • The plaintiff must provide two true copies of the application, and pay the cost of service of summons and postal charges for notices delivered to the defendant, otherwise the plaint may be rejected by the Family Court (Section 6.8). • Upon receiving a plaint, the Family Court will fix a date within 30 days for the defendant to appear before the Court and submit a written defence (Section 8). • Failure to appear on the part of the defendant may result in the proceedings continuing in their absence if the Court is satisfied that the summons was delivered (Section 9.8). A Rohingya woman undergoing divorce should be able to seek certain protections, such as maintenance from her husband for not only herself but also her child(ren). Pochon Rikssi Das v. Khuku Rani Dasi and others (1998) 50 DLR (HCD) 47 S UMMARY A special bench of the High Court Division held that “the Family Court Ordinance has not taken away any personal right of any litigant of any faith.” The Court declared that the “Family Courts Ordinance applies to all citizens irrespective of religion.” The judgment clarifies that the Family Courts are the sole courts with jurisdiction over family law matters 22 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH