This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, family law, labour law, land law, constitutional law, criminal law, and IPR.

Query

I am a 32-year-old Muslim woman in 4 years of my marriage. My husband and I agreed in our Kabin Nama that he would not marry any other wife. However, now he insists on marrying another woman despite my objections. Is there any remedy to this?

Response

Thank you for your query.

It is understood that you are a married Muslim woman and during your solemnisation of marriage, you and your husband agreed in your Kabin Nama or Nikah Nama that he would not marry another woman, or go for a second marriage. However, he now wishes to marry another woman while you are married.

It should be noted that matters related to family are governed by the personal laws of the religious community the individual belongs to. Thus, marriage, divorce, adoption, etc. are governed by Islamic law for Muslims. Therefore, in your case, islamic law is applicable.

Under the Muslim Family Laws Ordinance and Muslim Marriages and Divorces Registration Act, there is no such direct clause in the Nikah Nama whereby the husband can agree to not marry another woman, except for a special condition clause. I assume that the same has been stated as a special condition in the Nikah Nama. Most importantly, clause 21 of Nikah Nama states that if a man wants to remarry whilst his first wife is alive and living with him, he needs to get her consent.

Your husband has to obtain permission from the Arbitration Council of the local authority if he wants to contract another marriage under the Muslim Family Laws Ordinance. The application for obtaining such permission has to state reasons for the second marriage sought by him and whether the consent of you (i.e., the existing wife), has been obtained thereto.

Moreover, your husband has to obtain permission from the Arbitration Council of the local authority if he wants to contract another marriage under the Muslim Family Laws Ordinance. The application for obtaining such permission has to state reasons for the second marriage sought by him and whether the consent of you (i.e., the existing wife), has been obtained thereto. If your husband, without permission from the Arbitration Council, gets married to another woman, and is convicted to do so, he shall have to pay the entire amount of the dower immediately, whether prompt or deferred, due to you (such amount, if not paid, shall be recoverable as arrears of land revenue) and shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to ten thousand Taka, or with both. 

On the other hand, if you and your husband get divorced, there is no legal bar on you or on him in getting re-married.

I hope my answer will provide a solution to your problem. 

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