Towards Therapeutic Jurisprudence: A Legal Analysis of Divorce Procedure in Bangladesh

Abstract

Divorce is a formal dissolution of marriage. It is a major social and psychological event that has an impact on the mental health of both spouses and children.  The legal framework of Bangladesh concerning divorce gives emphasis to procedural compliance and dispute resolution, and it pays limited attention to the psychological and emotional effects of divorce. As a result, people going through divorce frequently struggle with anxiety, sadness, social stigma, mental instability, and financial insecurity in the absence of adequate institutional support. In many cases, the absence of therapy and counseling frequently intensifies family disputes and has a detrimental effect on children's social and mental development. Applying a doctrinal and comparative methodology, the study assesses the pertinent statutory provisions of reconciliation mechanisms in Bangladesh while drawing comparative insights from other jurisdictions of the world recognizing a mental well-being approach. This article looks at Bangladesh's current divorce and reconciliation laws and analyzes the need to incorporate counseling services into family law processes to promote mental health and family fairness. The study assesses pertinent statutory provisions of reconciliation mechanisms in Bangladesh using a doctrinal and comparative methodology. It also draws comparative insights from other countries where counseling and mediation are more institutionally recognized within divorce procedures. This article examines the existing legal framework governing the divorce process in Bangladesh and analyzes the necessity of integrating therapeutic jurisprudence into the procedural mechanism to promote the ultimate well-being of spouses and children.

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