Second marriage without wife's permission: what the law says

The Dhaka Times Desk This often happens in our country. Second marriage without first wife's permission. What is the law about second marriage without wife's permission? We have no idea about that. That will be discussed today.

Having another or more marriages while the present wife is alive is called polygamy. According to the law, one wife cannot marry another while she is alive. However, if a person needs to marry another wife while one wife is still present (such as childlessness or illness, etc.), then he must first apply to the chairman of the Union Parishad of the area of the last wife of the current wife or wives for permission to marry again.

According to Section 6 of the Muslim Family Law Ordinance 1961: In case of second marriage, the marriage shall not be registered unless permission is obtained from the Arbitration Council. An application for permission shall be made to the Chairman with a fee and in view of the application the matters to be considered in granting permission for marriage are:

(1) Infertility of the present wife
(2) Severe physical weakness
(3) Physical incapacity for marriage
(4) Setting aside any order or decree passed by the court for restoration of conjugal rights
(5) Mental illness etc.

What is the legal remedy for violation of wife's rights:

If a man marries a second time without the permission of the Arbitration Council,
He shall immediately pay the present wife or wives the full amount of immediate or deferred dowry.
In this case, the current wife or wives can divorce the marriage by filing a case in court.
Due to the second marriage, the first wife will get maintenance even if she lives separately.
The father will be legally bound to maintain the minor children living with the first wife.
Along with maintenance, the wife and children will get the right of inheritance.
If the dowry money is not paid, there is a provision to recover the arrears like land revenue.
Also, if found guilty of the charge, will be jailed up to one year and fined up to 10 thousand taka or both.

On the other hand according to provision 494 of Penal Code Act 1860,
If the husband remarries while the wife remains, the person shall be punished with imprisonment of any description
The term of which can be up to 7 years and will be punishable with fine.
But one thing should be clearly stated,
In order to succeed in a polygamy case, the plaintiff must prove that,
The first valid marriage existed at the time of the second marriage.

What are the legal aspects of polygamy?

# Muslim Civil Law Ordinance 1961 states that no man can contract another marriage while a marriage is in force without obtaining prior written permission from the Arbitration Council. Any such marriage without prior permission shall be a Muslim marriage and divorce (Registration Act No. 52 of 1974 shall not be registrable).

# Marriage permit shall be applied to the Chairman in the prescribed manner by depositing the prescribed fee. The application form should state the reason for the proposed marriage and whether consent of the present spouse or spouses has been obtained or not.

# After sending the application form the chairman will ask the applicant and his current spouse or spouses to nominate their respective representatives. If the arbitral tribunal considers that the proposed marriage is necessary and just, it may grant permission to the candidate for marriage subject to any conditions.

# The arbitral tribunal while deciding on the application shall record the reasons for the decision and any party may apply for reconsideration by the concerned Assistant Judge within the prescribed time on payment of the prescribed fee. The decision of the Assistant Judge shall be final and its validity cannot be questioned in any court.

# shall immediately pay the Muajjal or Dowry due to the present spouse or wives. If the money is not so paid, then the arrears will be collected as land revenue.

What are the responsibilities of the UP Chairman in case of polygamy:

# In case of polygamy the Chairman may or may not grant permission to the husband.

# If a husband obtains permission through the Arbitration Council, then the Chairman shall grant him a second marriage permit vide memorandum no.

# If a husband commits polygamy without permission, the Chairman can incite the current wife to take legal action against him.

# If a person enters into another marriage without the permission of the Arbitration Council, the Chairman of the Union Council concerned may file a complaint with the Magistrate.