A Critical Analysis of Legislative Changes of the Family Courts in Bangladesh

Abstract

The Family Courts Ordinance, 1985, marked a pivotal development in Bangladesh’s legal framework by introducing specialized courts to address family disputes, including marriage, divorce, maintenance, custody, and guardianship. Over the decades, legislative changes have sought to adapt this ordinance to evolving societal norms, gender dynamics, and international obligations. This research critically examines the historical evolution, legislative amendments, and procedural adaptations in the family court system of Bangladesh.The analysis delves into the socio-legal factors that necessitated these changes, evaluates their effectiveness in ensuring access to justice, and highlights the role of judiciary and landmark precedents in shaping family law jurisprudence. Furthermore, it provides a comparative perspective with neighboring jurisdictions to underscore areas of improvement. Despite significant strides, challenges such as procedural delays, gender biases, and limited enforcement mechanisms persist, undermining the courts’ efficacy.The research contributes to a broader understanding of the intersection between law, society, and justice within the context of family courts in Bangladesh.