HC validates approval for second marriage

News Desk:

The High Court has dismissed a writ petition challenging the requirement of obtaining permission from an arbitration council for a second marriage under Muslim family law.

As a result, the existing legal provision requiring council approval before contracting a second marriage remains in force, petitioner-lawyer Ishrat Jahan said.

The verdict was delivered in August last year by a bench of Justice Fahmida Kader and Justice Syed Jahed Mansur. The full judgment was published recently.

Under Section 494 of the Penal Code, 1860, contracting a second marriage without the consent of the spouse is punishable with imprisonment of up to seven years and a fine.

Later, the Muslim Family Laws Ordinance, 1961, introduced a specific provision requiring a husband to obtain permission from an arbitration council before entering into a second marriage.

A violation of this provision may result in imprisonment for up to one year, a fine of up to Tk 10,000, or both.
Supreme Court lawyer Ishrat Hasan filed the petition challenging this provision of the 1961 ordinance, arguing that consent should be required from the wife rather than approval from the council.

She said the High Court initially issued a rule after a preliminary hearing, but dismissed it after the final hearing in August. The detailed verdict was published in December.

“The current provision under the Muslim Family Laws Ordinance of 1961 remains unchanged,” she said. “A husband must apply to the arbitration council for permission to remarry. The council may grant or refuse permission. Only if permission is granted can the marriage take place.”

Failure to comply with an arbitration council order may lead to a maximum of one year’s imprisonment, a fine of Tk 10,000, or both.