Laws of Bangladesh

The Muslim Family Laws Ordinance, 1961

( Ordinance NO. VIII OF 1961 )

6. (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered 1[under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)].
(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner,
together with the prescribed fee, and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.
(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.
(4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision 2[* * *] to the 3[Assistant Judge] concerned and his decision shall be final and shall not be called in question in any Court.
(5) Any man who contracts another marriage without the permission of the Arbitration Council shall-
(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and
(b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to 4[ten thousand taka], or with both.

  • 1
    The words, comma, figures and brackets “under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)” were substituted for the words “under this Ordinance” by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974)
  • 2
    The commas and words “, in the case of West Pakistan, to the Collector and, in the case of East Pakistan,” were omitted by section 4 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)
  • 3
    The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)
  • 4
    The words “ten thousand taka” were substituted for the words “five thousand rupees” by section 4 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)
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