HC issues rule on including previous marriages, children in Kabinnama

The High Court has issued a rule seeking an explanation as to why information on the previous and existing marriages, children and government-issued identification documents of brides and grooms should not be included in the Kabinnama to prevent concealment of information and fraud in marriage.

A High Court bench comprising Justice Ahmed Sohel and Justice SM Ifthekhar Uddin Mahmud issued the rule on Monday.

The law secretary and other concerned government officials have been made respondents to the rule.

Advocates Sheikh Omar and Tanzila Rahman Jui represented the petitioner during the hearing.

Supreme Court lawyer Ishrat Hasan filed the public interest litigation on August 25, seeking amendments to the existing marriage registration form, commonly known as Bangladesh Form No. 1601 or the Kabinnama.

The petition named the secretaries of the Law and Justice Division and the Legislative and Parliamentary Affairs Division, along with the Inspector General of Registration, as respondents.

According to the petition, the existing Kabinnama does not have an effective mechanism to disclose a bride or groom’s previous or existing marriages, former spouses, marriage and divorce records, children, or ongoing legal obligations such as maintenance and guardianship arising from previous relationships.

The petition said the current form requires some information about a groom’s existing wife and permission from an arbitration council in certain cases, but does not require comprehensive disclosure of his previous marriages, divorces, former wives and children.

It also argued that there is no equivalent mechanism for properly verifying a bride’s previous marital history.

The petition said the lack of such information creates scope for people to conceal important facts before entering into a new marriage, potentially leading to fraud and family disputes.

It further said such concealment can undermine the right of prospective spouses to make informed decisions and put the legal rights of existing spouses and children at risk.

The petitioner sought amendments to the Kabinnama to include information on all previous and existing marriages of both the bride and groom, children from previous or existing marriages, ongoing maintenance and guardianship obligations, and other legal liabilities.

It also sought provisions for including and verifying birth registration, National Identity Card (NID) or passport numbers.

After the hearing, the High Court also asked why the authorities’ failure to update the Kabinnama with such information should not be declared unlawful and why necessary amendments should not be ordered to protect citizens’ family life and legal rights.