Second marriage does not require wife’s consent: HC

The High Court has ruled that a Muslim man in Bangladesh is not legally required to obtain his wife’s prior consent before contracting a second marriage. The High Court bench comprising Justice Fahmida Kader and Justice Syed Zahed Mansur delivered the verdict, dismissing the rule issued in this regard. The judgment was published recently.

In its 24-page full verdict released in a writ petition on Muslim family law, the court said the authority to approve a second marriage lies with the Arbitration Council, not with the first wife. It noted that no existing law makes the wife’s consent a mandatory condition for a second marriage.

Referring to the Muslim Family Laws Ordinance, 1961, the court said a man must obtain permission from the Arbitration Council before marrying again, but the law does not mention consent from the first wife as a legal requirement. The widely held belief that a second marriage without the wife’s approval is illegal has grown out of social and administrative practice rather than the wording of the law, the verdict observed.

The court said the Arbitration Council is empowered to assess statements from the parties, financial capacity and the family situation before deciding whether to allow a second marriage. Interpreting the law to mean that refusal by the wife alone makes a marriage illegal goes beyond the legal framework.

Explaining the legal background, the court said Section 494 of the Penal Code, 1860, provides for up to seven years’ imprisonment for bigamy. However, after the Muslim Family Laws Ordinance came into force in 1961, that strict provision was relaxed for Muslim men by making a second marriage subject to the approval of the Arbitration Council instead of an outright ban. If a man marries again without such approval, the punishment is up to one year in prison, a fine of up to Tk10,000, or both.

The petitioners have announced they will appeal the verdict, arguing that it could weaken oversight and regulation of polygamy. Supreme Court lawyer and human rights activist Fawzia Karim Firoz told Views Bangladesh the ruling would be challenged, warning that it may allow misuse of multiple marriages driven by financial capacity or personal motives, leading to greater inequality and instability within families.