The High Court on Monday issued a rule asking why directives should not be issued to include and verify details of the bride and groom’s previous and existing marriages, children and official identification documents in the Kabin Nama to prevent fraud and concealment of information.
A High Court bench of Justice Ahmed Sohel and Justice S M Iftekhar Uddin Mahmud issued the rule after hearing a writ petition filed by Supreme Court lawyer Ishrat Hasan.
Lawyers Sheikh Omar Sharif and Tanzila Rahman represented the petitioner during the hearing.
The writ named the Secretary of the Law and Justice Division, the Secretary of the Legislative and Parliamentary Affairs Division and the Inspector General of the Registration Directorate as respondents.
The petition said Bangladesh Form No 1601 or ‘Form gha’, currently used as the Kabin Nama, does not have an effective mechanism to disclose and verify information on both the bride and groom’s previous and existing marriages, former spouses, marriage and divorce registrations, children and legal obligations such as maintenance and guardianship.
It said that although the existing Kabin Nama requires some information about a groom’s current wife and permission from the Arbitration Council, there is no legal requirement to provide complete details of his previous marriages, divorces, former spouses and children.
The petition also said there is no similar mechanism to verify the bride’s previous marital history.
According to the petition, concealing such information creates opportunities for fraud and family disputes, depriving individuals of the ability to make informed decisions about marriage. It added that the legal rights of existing spouses and children could also be affected.
The petitioner sought directives to amend the Kabin Nama to include mandatory and verifiable information on all previous and existing marriages of both parties, children from previous or existing marriages, maintenance, guardianship and other legal liabilities, along with birth registration, National Identity (NID) or passport numbers.
After the hearing, the High Court asked why the inaction of the authorities in updating the Kabin Nama to include such details should not be declared without lawful authority. It also sought an explanation as to why directives should not be issued to amend the relevant form to protect citizens’ family life and rights.
