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Assignment on
ADR under Muslim Family Law ordinance, 1961 and Artha Rin Adalat
Ain, 2003 and Village Court Act, 2006.

Course Code: Law 405

Course Title: Alternative Dispute Resolution (ADR)

Submitted to: Submitted By:

Mr. K. Dider-Us-Salam Md. Mozammel Hoque
ID: 141-26-596
Date(Assistant
of Submission:Professor
09-02-2017 )
20th Batch
Department of Law, Department of Law,
Daffodil International
Daffodil International
University
University

Date of Submission: 08.08.2017

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Table of Content

S.N Topic P.N

01 Acknowledgement. 03

02
Introduction. 04

03 04
What is ADR?

04
Formal Judicial ADR. 04

05
ADR under Muslim Family Law ordinance, 1961. 05

06
ADR under Artha Rin Adalat Ain, 2003. 06

07 07
ADR under Village Court Act, 2006.

08 07

Conclusion
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Acknowledgement

First of all, I would like to thank Almighty Allah for giving me the opportunity to complete
this assignment.

I would also like to express our special thanks of gratitude to our teacher: Mr. K. Dider-Us-
Salam for helping and guiding me in making this Assignment on ADR.

I have discussed a lot of things on this topic and tried to give my best to complete this
assignment, sometimes we took information from different books and websites which is
mentioned latter in this assignment

There may occur some mistake but please avoid this and consider only the positive sides of
the assignment.
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Introduction

The term ADR, when used in reference to a pending civil lawsuit, refers to the resolution of
the lawsuit by means other than having a judge or jury decide the ultimate issues. ADR can
be as informal as negotiations between the parties or their attorneys, or it can be as formal
as binding arbitration.

What is ADR:

ADR is a term that refers to several different methods of resolving dispute outside
traditional legal and administrative forums. The main ADR alternatives to civil litigation
are arbitration, mediation and conciliation. Disputing parties use these ADR methods
because they are expeditious, private and generally much less expensive than a trial.

Formal/ Judicial ADR:

This form of ADR indicates those processes of dispute resolution which has been
enumerated in the statutes and conducted either by the court or by third person upon the
reference of the court. ADR processes in the formal ways are conducted by the following
Statutes of Bangladesh.

1. ADR under Muslim Family Law ordinance, 1961:

2. ADR under Artha Rin Adalat Ain, 2003:
3. ADR under Village Court Act, 2006:

There are several formal ADR ways in our country but i will discuss the above three formal
ways which are noted below-
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ADR under Muslim Family Law ordinance, 1961:

The Muslim Family Laws Ordinance, 1961 provides mechanism for reconciliation through
the Arbitration Council and this type of reconciliation is not a part of judicial ADR; it is
administrative in nature which will be discussed later on in this chapter.

To make the divorce effective the husband after pronouncement of talaq shall send a notice
as soon as possible to the chairmen and a copy of it will also be sent to the wife. From the
date of receiving the notice of talaq within 30 days the chairmen shall constitute an
arbitration council which shall take all necessary steps for reconciliation between the
parties.

A talaq will not be effective until the expiration of ninety days from the day on which the
notice was delivered to the chairmen or if the wife is pregnant after the pregnancy ends,
whichever period is longer.

In what form either Ahsan or Hasan or Bidaat form, the talaq is pronounced it will be
deemed as a single talaq in ahsan form, so husband can revoke the talaq anytime either
expressly of impliedly. After ninety days by remarry if it is not for third time. The failure of
husband to give notice to the chairmen is deemed to be revocation of talaq.

In Abdul Aziz vs Razia Khatun it was held the non compliance with section 7 (1) makes
talaq legally ineffective. Where wife exercise the delegated right that is talaq-e- tawfez, she
must also follow the procedure of section 7. This healthy provision on conciliation has been
incorporated in the Muslim Family Law ordinance, 1961 to prevent the separation between
the husband and wife which is the result of pronouncement of talaq that usually occur and
sudden anger of husband. For taking additional wife, or to get adequate or equitable
maintenance, the party must apply before the chairmen who will constitute the arbitration
council which will decide these matters in informal amicable way without the following the
procedure of the court.
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ADR under the Muslim Family Laws Ordinance, 1961. Under this law provision for
reconciliation or alternative dispute resolution through arbitration council has been
provided for in three circumstances:

(i) In case of polygamy under section 6;

(ii) In case of giving talaq and making it effective under section 7; and

(iii) In case of failure of the husband to provide maintenance of his wife under section 9.

ADR under Artha Rin Adalat Ain, 2003:

Under sections 21 and 22 of the Artha Rin Adatal Ain 2003, two methods of ADR, settlement
conference and arbitration, has been introduced in the commercial dispute.

Section 21 defines the Settlement Conference as a conference comprising the parties, their
Lawyer and their representative and preside over by the judge of the Artha Rin Adalat for
disposing of the suit in an informal, non binding, confidential and non adversarial manner
on the basis of mutual corporation and understanding off all concerned.

Section 21 deals with the details procedure of the Settlement Conference and section 22
provide for the arbitration of the commercial dispute. After the filling the written statement
the court may, keeping pending of all subsequent proceeding refer to the suit of the lawyers
of the parties or where no lawyer has been engaged, to the parties themselves. But where the
parties agree to try and settle the dispute through arbitration, the court is bound to refer
the dispute for arbitration. Inserting the ADR system to commercial dispute certainly
improves the investment in this field.
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ADR under Village Court Act, 2006:

If any dispute either civil or criminal comes within the ambit of the Village Court Act, 2006,
it shall be dealt with by the Village Court consisting of the five members including the
Chairmen who will preside the Village Court and each party shall select two members of
which one must be a member of Union Parishad. The procedure enumerated in the Evidence
Act, the C.P.C and the Cr.P.C shall not be applicable in Village Court and no party has right
to engage any lawyer in proceeding of such court.

Conclusion

Alternative Dispute Resolution techniques are well established and frequently used. The
definition of alternative dispute resolution is constantly expanding to include new
techniques. The term alternative dispute resolution has become such well-accepted
shorthand for the vast array of non litigation processes that its continued use seems
assured. But the process of developing the current system in order to meet the unique needs
of legal disputes should come from all the institutions of the society.