ANCONA She asks the Municipality for certification of her marital status and discovers that she is no longer married. The reason? Her ex-husband, as required by Islamic law, had repudiated her in Bangladesh, de facto decreeing a unilateral divorce. An act, the one registered in the Asian country, which the man brought to the municipal offices of Ancona in order to change his registry position.
The formula
Result: under Italian law he is now free. Or rather, divorced. Based on what? On a formula, that of repudiation, which cannot be recognized within the Italian legal system. A ruling from the Court of Cassation dating back to 2020 says so. Yet, the paper sings. Everything was certified. The story concerns a Bengali couple who have lived in Ancona for years. She, a 35-year-old who recently became an Italian citizen, has two teenage children to look after and lives in a protected facility. She was given it after the complaint of mistreatment was filed against her now ex-husband, a 44-year-old.
Theirs would have been an arranged marriage, concluded in Bangladesh in 2008 and then registered in Italy. So much so that until the divorce the couple was married to all intents and purposes. What happened? That the woman has given a mandate to her lawyers, the lawyers Andrea Nobili and Bernardo Becci, to start the divorce proceedings from that man with whom she has no longer had relations for some time. When requesting the documents from the Municipality, however, there was a surprise: the divorce had already been certified. The offices followed the natural process, confiscating the documents presented by the 44-year-old (all very original, complete with the stamp of the Bangladeshi Embassy and certified translation) and then modifying the civil status of the 44-year-old. Ergo, the Bengali is officially divorced and owes the woman nothing. And maybe not even to her children. What documents had he brought? The act of talaq. “I resolved the issue in the Islamic way, divorcing her by pronouncing the triple formula of repudiation for irrevocable divorce” we read in the document, registered even a year ago in Bangladesh. The reasons for the divorce: «My wife did not behave well with me», «she was insubordinate», «she did not give me full respect». Before learning of the repudiation, the 35-year-old wanted to start proceedings to annul the marriage.
The court
Now, with his lawyers, he will instead launch an appeal to the civil judge for the regulation of relations between parents and children, starting from the «assumption that divorce and marriage are non-existent. Our legal system cannot accept situations of this type, derived from religious obscurantism and in violation of the fundamental rights of the person.” It will be a process to let the court know the history of the matter. A note will be sent to the Municipality of Ancona “which has taken steps to note down an act resulting in unacceptable effects on the civil status”. For Nobili and Becci “it is the Italian legal system that does not pay due attention to the legal effects caused by marriage and which are null”.
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