Writ in HC to make information of previous marriage, children mandatory in kabinnama

Ishrat Hasan, lawyer of the Supreme Court, has filed a writ in the High Court seeking directives to include and verify information of previous marriage of the bride and groom, details of former husband or wife and information related to children in the marriage kabinnama.

She filed the writ in the concerned branch of the High Court on Tuesday (August 25). The secretaries of the Law and Justice Division, Legislative and Parliamentary Affairs Division and the inspector general of the Department of Registration have been made respondents in the writ. Before this the writ petitioner lawyer had given a legal notice to the concerned on August 20.

It is said in the legal notice that in the current kabinnama of Bangladesh Form No 1601 or ‘Gha’ form used under the Muslim Marriage and Divorce (Registration) Rules, 2009 there is no scope to provide necessary information regarding previous marriage of the bride and groom, identity of former husband or wife, information related to registration of marriage and divorce and existing children.

The lawyer claimed that due to the shortage of these information in the kabinnama any person may get the opportunity to enter into a new marriage by concealing previous marriage, divorce, children or family responsibilities. In this, the new life partner may have to take a decision without knowing the necessary information and the risk of deception is also created.

In the notice a demand has been made to amend the form of the kabinnama and mandatorily mention the information of previous and present marital relations of the bride and groom, identity of husband or wife, date, place and registration number of marriage and divorce along with the related documents. Alongside, it has been said to keep arrangements for declaration regarding existing children and their maintenance, guardianship or other legal responsibilities.

Besides, a demand has been made to include the number and date of the written permission of the arbitration council according to Section 6 of the Muslim Family Laws Ordinance, 1961 in the kabinnama in the case of a new marriage while an existing marriage is there. It has also been said to make mandatory the arrangement for verifying related information including national identity card, passport, birth registration, documents of marriage and divorce and death certificate.

Lawyer Ishrat Hasan’s statement is that along with digitalising the registration of marriage and divorce it is urgent to add the necessary information fields in the original kabinnama as well. Otherwise incomplete information will also be preserved in the digital system. In her view, the limitations of the current kabinnama can create problems in the field of personal rights, dignity and security along with harm in family life.