Marriage Registration Fee in Bangladesh
The Law and Justice Division of the Ministry of Law in Bangladesh has recently issued a notification to amend the rules under the powers given in the ‘Muslim Marriages and Divorces (Registration) Act, 1974’. As a result of these amendments, the fees for registration of marriage and divorce have been increased.
Under the revised rules, a Nikah or marriage registrar can collect a marriage registration fee at the rate of Tk 14 for every Tk 1000 of Denmohor or Mahr (an obligation, in the form of money or possessions paid by the groom, to the bride at the time of marriage) or part thereof in case of dowry Denmohor up to Tk 5 lakh. If the Denmohor amount is more than Tk 5 lakh, then the Nikah registrar can collect a marriage registration fee of Tk 100 taka for every Tk 1 lakh Denmohor or part thereof. However, the fee shall not be less than Tk 200, irrespective of the amount of Denmohor. This represents an increase in the marriage registration fee from Tk 12.50 for every Tk 1000 Denmohor or part thereof under the previous rules.
In addition to the increase in the marriage registration fee, the fee for registering a divorce has also been increased from Tk 500 to Tk 1000. Furthermore, the license fee for Nikah Registrars has been increased from Tk 10,000 to Tk 20,000 in the city corporation area and from Tk 2,000 to Tk 4,000 in municipal areas located in district Sadars, Tk 700 to Tk 1,400 in the municipal areas outside the district Sadars and Tk 500 to Tk 1,000 in Union Parishad areas.
The licensed Nikah Registrar must also pay an annual fee of Tk 10,000 in case of city corporation area, Tk 2,000 in case of municipal area located in district Sadars, Tk 1,000 in case of the municipal area outside district Sadars and Tk 200 in case of union parishad to the government by March 31 of every year. This is an increase from the previous annual fee of Tk 5,000, Tk 1,000, Tk 500 and Tk 100 respectively. The marriage registration fee must also be submitted to the government by July 15 at the new rate from the next fiscal year for each fiscal year from the fee charged by the Nikah Registrar.
As a result of these amendments, the overall cost of marriages and divorces has increased for individuals in Bangladesh. It is important for individuals and families seeking to register a marriage or divorce to be aware of these changes and budget accordingly. Our law firm can provide further guidance and assistance in navigating the revised rules and regulations related to marriage and divorce registration in Bangladesh.
MARRIAGE OF INTERFAITH
The Special Marriages Act of 1872 recognizes marriages between people of different religions.
Marriages may be celebrated under this Act between persons who do not profess the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh, or Jaina religions, or between persons who do profess one or more of the following religions, namely the Hindu, Buddhist, Sikh, or Jaina religions, subject to the following conditions:
(1) Neither party must, at the time of the marriage, have been married before.
(2) The man must have reached the age of eighteen, and the woman must have reached the age of fourteen, according to the Gregorian calendar:
(3) Each party must have obtained the consent of his or her father or guardian to the marriage if he or she has not reached the age of twenty-one years:
(4) The parties must not be related to each other in any degree of consanguinity or affinity that would render a marriage between them illegal under any law to which either of them is subject.
NOTICE PRIOR TO MARRIAGE
One of the parties must give written notice to the Registrar in advance of the marriage. The Registrar to whom such notice is given must be the Registrar of a district in which one of the parties to the marriage has resided for at least fourteen days prior to the date of such notice.
APPLY FOR A DECLARATION FORM:
Before the marriage is solemnized, the parties and three witnesses must sign a declaration in the form prescribed in the second schedule to the Special Marriage Act, 1872, in the presence of the Registrar. If either party has not reached the age of twenty-one, the declaration must also be signed by his or her father or guardian, except in the case of a widow, and it must be countersigned by the Registrar in every case.
BANGLADESH DIVORCE PROCESS:
Divorce, in general, refers to one of the legal dissolutions of material bonds between parties who meet the legal requirements.
MUSLIM MARRIAGE DIVORCE:
TALAQ:
According to the provisions of the Muslim Family Law Ordinance, 1961, it is stated that-
(1) Notice to Chairman: Any man who wishes to divorce his wife must notify the Chairman in writing of his intention to do so as soon as possible after the pronouncement of Talaq in any form whatsoever, and must provide a copy to the wife.
(2) Penalty for Default: Anyone who violates the provisions of sub-section (1) is punishable by simple imprisonment for a term of up to one year or a fine of up to ten thousand taka, or both.
(3) Iddat Period: Except as provided in sub-section (5), a Talaq shall be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman, unless revoked earlier, expressly or otherwise.
(4) Formation of Arbitration Council: Within thirty days of receiving notice under sub-section (1), the Chairman shall form an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) Re-marriage of Wife: Nothing in this section prohibits a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband without an intervening marriage with a third-person, unless such termination is for the third time such termination is effective.
DIVORCE BY WIFE:
According to the Muslim Family Laws Ordinance of 1961, where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage other than by Talaq, the provisions of Talaq shall apply, mutatis mutandis and to the extent applicable.
However, under the provisions of the Dissolution of Muslim Marriages Act, 1939, it is also stated that- A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
– that the whereabouts of the husband have not been known for a period of four years; that the husband has neglected or failed to provide for her maintenance for a period of two years; that the husband has neglected or failed to provide for her maintenance for a period of Provided, however, that the marriage has not been consummated; and that the husband treats her with cruelty, that is,
(a) habitually assaults her or makes her life miserable by cruel conduct, even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it
Provided, however, that (a) no decree shall be passed on ground
(iii) until the sentence has become final; (b) a decree passed on ground I shall not take effect for six months from the date of such decree, and if the husband appears within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c) before passing a decree on ground (v).
THE END OF HINDU MARRIAGE
There is no specific law in Bangladesh governing the dissolution of Hindu marriages. Hindus regard their marriage as a holy matrimony that creates a celestial bond that cannot be broken.
Nonetheless, divorce in Hindu marriage is possible and occurs. However, a Hindu married woman may exercise this right only if she is virtuous and has not changed her religion, or if she obtains the right with sufficient cause to comply with a decree of a competent Court for the restitution of conjugal rights.
According to the provisions of THE HINDU MARRIED WOMEN’S RIGHT TO SEPARATE RESIDENCE AND MAINTENANCE ACT, 1946, a Hindu married woman can seek separation from her husband and ask for maintenance from him if he is suffering from any loathsome disease not contracted from her; if he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him; if he is guilty of desertion, that is to:
If he converts to another religion;
if he keeps a concubine in the house or habitually resides with a concubine; or for any other justifiable reason.
CHRISTIAN MARRIAGE DISSOLUTION
According to the Divorce Act of 1869, any husband may present a petition to the District Court or the High Court Division, praying that his marriage be dissolved on the grounds that his wife has been guilty of adultery since the solemnization thereof.
Any wife may petition the District Court or the High Court Division to dissolve her marriage if her husband has exchanged his profession of Christianity for the profession of some other religion, and has entered into a form of marriage with another woman; or has been guilty of incestuous adultery, bigamy with adultery, marriage with another woman with adultery, rape, sodomy, or bestiality, or adultery coupled with such cruelty as to render the marriage unconstitutional.
Marriage Nullity
Following that, a district judge may issue a decree for divorce nisi, subject to confirmation by the High Court Division. A marriage may be declared null and void by either the District Judge Court or the High Court if any of the following conditions exist: I one of the parties is impotent; (ii) the parties are within the prohibited degree of consanguinity or affinity; (iii) either party was insane at the time of marriage; or (iv) the former husband or wife of either party was living at the time of marriage, and such marriage was then in force.
Hire Tahmidur Remura for help with your Divorce or Marriage in Bangladesh:
Tahmidur Remura law firm in Bangladesh provides legal advice on marriage and divorce:
TLS’s Barristers, Advocates, and Lawyers in Mohakhali DOHS, Dhaka, Bangladesh have extensive experience dealing with marriage, divorce, and alimony. It has experience consulting and assisting numerous international clients with utmost care and attention throughout their legal troubles, in addition to handling various issues related to marriage and divorce among domestic clients on a regular basis.
Please contact us at:
E-mail: info@tahmidur.com
Phone: +8801847220062 | +8801779127165
Address: House 410, Road 29, Mohakhali DOHS, Dhaka.