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๐Ÿ‡ง๐Ÿ‡ฉ Bangladesh /Crime & Justice

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From Daily Star · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A Supreme Court lawyer filed a petition seeking mandatory inclusion of marital history in marriage documents.
  • The petition aims to prevent fraud by requiring details of previous and existing marriages, children, and identification in the Kabin Nama.
  • The lawyer also seeks to ensure details of maintenance, guardianship, and other legal obligations are included.

A Supreme Court lawyer has filed a writ petition with the High Court, advocating for mandatory inclusion of comprehensive marital history in marriage documents to combat fraud. Advocate Ishrat Hasan's public-interest litigation targets the Kabin Nama, the Islamic marriage document in Bangladesh.

The petition said the currently used Bangladesh Form No. 1601, or โ€œForm Dโ€ of the Kabin Nama, does not provide an effective mechanism for equal disclosure and verification of information regarding the previous and existing marriages of both parties, former spouses, marriage and divorce registration records, children, or ongoing legal obligations arising from previous relationships.

โ€” Ishrat HasanDescribing the shortcomings of the current marriage registration form.

The petition specifically requests that details regarding the bride and groom's previous and existing marriages, any children from these unions, and their government identification numbers be made compulsory. Furthermore, it seeks directives to amend the Kabin Nama to incorporate information on maintenance, guardianship, and other legal obligations, alongside birth registration, National Identity Card, or passport numbers.

Although the current form seeks certain information about the groom's existing wife and permission from the Arbitration Council, it does not require complete disclosure of all his previous marriages, divorces, former wives and children, the petition said.

โ€” Ishrat HasanDetailing the specific omissions in the current marriage registration process for grooms.

Hasan argues that the current Bangladesh Form No. 1601, or "Form D," lacks an effective mechanism for full disclosure and verification of marital histories. The petition highlights that while the form asks for some information about the groom's current wife and requires permission from the Arbitration Council, it does not mandate a complete disclosure of all past marriages, divorces, former spouses, or children. The petition also notes the absence of a similar verification process for the bride's marital background.

Nor is there an equivalent mechanism to verify the bride's previous marital history.

โ€” Ishrat HasanPointing out the lack of verification for the bride's marital background.

The lawyer contends that concealing such crucial information before entering a new marriage can lead to fraud, family disputes, and prevent individuals from making fully informed decisions. It could also adversely affect the rights of existing spouses and children. The petition names the secretary of the Law and Justice Division, the secretary of the Legislative and Parliamentary Affairs Division, and the Inspector General of Registration as respondents. The High Court is expected to hear the petition next week.

The petition argued that concealing such information before entering into a subsequent marriage could lead to fraud and family disputes, depriving individuals of the opportunity to make free and fully informed decisions about marriage.

โ€” Ishrat HasanExplaining the potential negative consequences of incomplete marital disclosure.
DistantNews Editorial

Originally published by Daily Star. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.