HC issues rule on including previous marriage, children details in Kabin Nama

The High Court has issued a rule asking why directives should not be given to include information on the bride and groom's previous and existing marriages, children and government identity documents in the marriage registration form (Kabin Nama) to prevent concealment of information and fraud in marriage.

The bench of Justice Ahmed Sohel and Justice SM Iftekhar Uddin Mahmud issued the rule on Monday, September 14. Advocates Sheikh Omar and Tanzila Rahman Jui argued for the petition in court.

Earlier, on August 25, Supreme Court lawyer Ishrat Hasan filed the public interest writ petition.

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 stated that the currently used Bangladesh Form No. 1601 or 'Form Ka'—the marriage registration form—does not have an effective system for equally disclosing and verifying the bride and groom's previous and existing marriages, former husband or wife, marriage and divorce registration information, children, and ongoing legal responsibilities including maintenance and custody from previous relationships.

While the current marriage registration form seeks some information regarding the groom's existing wife and the arbitration council's permission, there is no obligation to disclose complete information about all his previous marriages, divorces, former wives and children. Similarly, there is no equal system for verifying the bride's previous marital history.

The petition stated that the opportunity to conceal such important information and enter into a subsequent marriage creates fraud and family disputes. As a result, a person deciding to marry may be deprived of the right to make a free and fully informed decision. At the same time, the legal rights of the existing spouse and children are also at risk of being harmed.

The petition sought directives to amend the marriage registration form to include and make verifiable all information on the bride and groom's previous and existing marriages, children from previous or existing marriages, ongoing maintenance, custody and other legal responsibilities, and birth registration, national identity card or passport numbers.

After the hearing, the High Court issued the rule asking why the authorities' inaction in updating the marriage registration form with such information should not be declared illegal, and why directives should not be given to amend the relevant form to protect citizens' family life and rights.