The High Court has upheld the provision that no person may enter into another marriage while an existing marriage remains valid without prior written permission from the Arbitration Council.
The rule was issued by a High Court bench comprising Justice Fahmida Kader and Justice Syed Zahid Mansur by rejecting the rule issued in this regard, which was published recently.
Earlier, on 13 December 2021, a writ petition was filed challenging the legality of the polygamy-related provision of the Muslim Family Laws Ordinance, 1961. Subsequently, on 5 January 2022, the High Court issued a rule.
The rule asked why guidelines should not be framed on polygamy laws in the greater interest of protecting family life. It also sought to know why the procedure for granting permission for polygamy under the law should not be declared illegal without ensuring equality among wives.
Lawyer Ishrat Hasan represented the petitioner during the hearing. After concluding the hearing of the rule, the High Court rejected it on 20 August last year. As a result, the polygamy-related provision of the Muslim Family Laws Ordinance, 1961 remains in force, Ishrat Hasan told TIMES of Bangladesh. However, he said he would move the Appellate Division against the verdict.
Section 6 of the Muslim Family Laws Ordinance, 1961, relating to polygamy, states:
No person, while his marriage is subsisting, shall contract another marriage except with the prior written permission of the Arbitration Council, nor shall any marriage contracted without such permission be registered under the Muslim Marriages and Divorces (Registration) Act, 1974.
An application for permission under sub-section (1) shall be submitted to the chairman at the prescribed office along with the prescribed fee, stating the reasons for the proposed marriage and whether the consent of the existing wife or wives has been obtained.
Upon receipt of an application under sub-section (2), the chairman shall ask the applicant and each of the existing wife or wives to nominate one representative each. If the Arbitration Council so constituted considers the proposed marriage necessary and just, it may grant the application subject to such conditions as it deems reasonable.
For the purpose of disposing of the application, the Arbitration Council shall record the reasons for its decision. Within the prescribed time, any party may apply, upon payment of the prescribed fee, to the appropriate assistant judge at the prescribed office for full reconsideration; the decision of the judge shall be final and shall not be questioned in any court.
If any person contracts another marriage without the permission of the Arbitration Council, he shall—
(a) immediately pay the full amount of prompt and deferred dower due to the existing wife or wives; if such amount is not paid, it shall be recoverable as arrears of land revenue; and
(b) upon conviction on complaint, be punishable with simple imprisonment for a term which may extend to one year, or with a fine which may extend to Tk10,000, or with both.
