Important Marriage Laws in Bangladesh

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Must Know Before Marriage: Important Marriage Laws in Bangladesh

(Marriage isn’t just a celebration; it’s a legal bond. Be aware!)

Marriage is not only about choosing a life partner but also a significant legal contract. Beyond love and celebrations, knowing the relevant laws before marriage is essential for future security and a healthy relationship. Here are some fundamental marriage-related laws in the context of Bangladesh:

1. Mandatory Marriage Registration (Muslim Marriages and Divorces Registration Act, 1974 & Other Laws)

• Why it matters: Unregistered marriages are legally ambiguous. This causes issues in proving claims related to dower, maintenance, inheritance, and child custody later.

• What to do: Register the marriage within 30 days at the local Union Parishad/Pourashava/City Corporation. Witnesses and a Kabin-nama (for Muslims) are required.

• For everyone: Registration is mandatory for all communities (Muslim, Hindu, Christian, Buddhist), though procedures differ.

2. Minimum Age for Marriage (Child Marriage Restraint Act, 2017)

• Why it matters: Child marriage causes physical, mental, and social harm. It is a punishable criminal offense.

• What the law says: The groom must be at least 21 years old, and the bride must be at least 18 years old. Marrying a bride under 18 is strictly prohibited, even in special circumstances.

• Responsibility: The bride, groom, guardians, and marriage organizers must comply with this law.

3. Dower (Mahr) – [Muslim Law]

• Why it matters: A crucial provision ensuring the wife’s future financial security. It is the husband’s legal obligation.

• What the law says: The amount of dower (cash or property) must be clearly specified in the Kabin-nama. The wife can claim it at any time (during marriage, upon divorce, or after the husband’s death).

• Caution: Ensure the dower amount is realistic and payable. It should not exist only on paper.

4. Divorce Laws (Different for Muslim, Hindu, Christian)

• Why it matters: Knowing the fair and proper divorce process is vital for protecting the rights of both parties.

• Muslim Law: The husband can pronounce talaq, but it must follow a specific procedure before a registered Qazi/Marriage Registrar. The wife can seek Khula (divorce initiated by her) or divorce through the court. Verbal or Triple Talaq is illegal and punishable.

• Hindu Law: Hindu marriages are generally considered indissoluble, but divorce can be sought in family court based on specific grounds (e.g., adultery, cruelty, conversion).

• Christian Law: Divorce (under the Divorce Act, 1869) is possible through court proceedings upon proving specific grounds.

5. Right to Maintenance for Wife and Children (Muslim Family Laws Ordinance, 1961; Penal Code)

• Why it matters: The husband/father is legally bound to provide maintenance for his wife and minor children.

• When applicable: In cases of desertion, divorce, separation, or even neglect during cohabitation. While both parents are responsible for children, the father has the primary duty.

• Remedy: File a maintenance suit in the Family Court.

6. Wife’s Rights in Property (Inheritance Laws – Religion-based)

• Why it matters: Ensures the wife’s security after the husband’s death.

• Muslim Law: The wife inherits a fixed share of the husband’s property (depending on the number of heirs). She retains independent rights to her own ancestral property.

• Hindu Law: A Hindu wife is not a direct heir to her husband’s property but has a right to maintenance. She has rights to her own ancestral property. (Hindu inheritance law is complex; consult a lawyer).

• Christian Law: Under the Succession Act, 1925, the wife inherits a share of the husband’s property.

7. Child Custody and Guardianship (Guardians and Wards Act, 1890; Religion-based Laws)

• Why it matters: Decisions about child custody after divorce or separation are crucial for the future.

• Legal Principle: Courts prioritize the Best Interest of the Child. Custody of children under 7 usually goes to the mother, but the father retains rights. Courts decide based on the child’s age, wishes, parents’ capability, etc.

What You Should Do Before Marriage:

1. Talk to a Lawyer: Consult an experienced family lawyer to understand the interpretation and application of laws relevant to your religion and personal situation.

2. Read and Understand the Kabin-nama/Marriage Contract Thoroughly: The Kabin-nama is crucial in Muslim marriages. Ensure dower, registration details, and conditions are clear. Understand relevant documents for other religions.

3. Ensure Registration: Complete the registration process immediately after the marriage. Keep the registration certificate safely.

4. Spread Awareness: Share knowledge about legal rights and responsibilities related to marriage with family and friends.

Remember: Amidst the joy of marriage, legal awareness protects you from future disputes and complications. Alongside love, responsibility and legal knowledge are essential for building a happy and stable married life.

Knowing the law before marriage isn’t just necessary; it’s absolutely vital for your and your partner’s future.

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