HC says needing permission for another marriage is valid and constitutional

The High Court, in the full text of its verdict, has declared the provision of Muslim Family Laws Ordinance regarding polygamy and of requiring permission from the Arbitration Council for a subsequent marriage valid and constitutional.

“It is transparent that the process of permitting another marriage under Section 6 of the Muslim Family Laws Ordinance, 1961, is neither discriminatory nor arbitrary. The law does not curtail or take away any right of the parties (both man and woman), nor does it impose any obstacle upon the Arbitration Council for guaranteeing or refusing permission for polygamy,” the HC bench of Justice Fahmida Quader and Justice Sayed Jahed Mansur observed in the 24 pages’ full text of the verdict, which was released recently.

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Earlier, on August 31 last year, the bench delivered a verdict rejecting a writ petition filed by Supreme Court lawyer Ishrat Hasan challenging the legality of Section 6 of the Muslim Family Laws Ordinance, 1961.

In the full text of the verdict, the HC judges said, “For the reasons and circumstances discussed above, it is our considered view that Section 6 of the Muslim Family Laws Ordinance, 1961 does not infringe any fundamental rights of the women citizens of Bangladesh, in the process of guaranteeing polygamy. There is thus no substance in the grounds urged in support of the Rule.”

Contacted, writ petitioner Advocate Ishrat Hasan told The Daily Star that there is no specific provision in Section 6 of the Muslim Family Laws Ordinance, 1961 that a husband must take permission from the wife for another marriage.

“Under this section, if a husband wishes to contract a second marriage during the subsistence of an existing marriage, he must obtain prior permission from the Arbitration Council led by union parishad chairman. If he marries without such permission, he will be liable to punishment which may extend to one year’s imprisonment and to a fine. In addition, he will be under an obligation to pay the entire amount of dower immediately due to the existing wife or wives,” the lawyer added.

The Arbitration Council is constituted by the chairman and two representatives of the applicant and the wife or wives, to deal with the matter of polygamy.

According to section 6 of the law, a man cannot marry again while his existing marriage continues without prior written permission from the Arbitration Council. To obtain permission, he must apply to the chairman with reasons and information about his wife’s consent. The Arbitration Council, after hearing both sides, may grant permission if the marriage is found to be necessary and just.