A writ petition has been filed in the High Court seeking directives to amend the official marriage registration form—popularly known as the Nikahnama—to make it mandatory for both brides and bridegrooms to disclose all details of previous marriages, existing spouses, children, and verified national identification data. Supreme Court advocate Ishrat Hasan filed the public interest litigation at the relevant section of the High Court on Tuesday, aiming to curb marital fraud and protect individuals from deceitful unions.
The petition specifically calls for a comprehensive overhaul of Bangladesh Form No. 1601, standardly referred to as ‘Form Gha’. Under current legal frameworks, the existing Nikahnama requires minimal information regarding a groom’s current wife or the requisite approval from an arbitration council. However, it lacks any legal obligation for either party to fully declare prior marriages, completed divorces, former spouses, or children born from previous relationships. Similarly, the form offers no balanced mechanism to verify the bride’s marital history. This loophole enables unscrupulous individuals to conceal critical personal backgrounds, frequently leading to domestic disputes, financial exploitation, and severe legal entanglements after marriage.
In her submission, Advocate Ishrat Hasan argued that the absence of mandatory disclosure deprives prospective spouses of their fundamental right to make an informed, independent decision before entering into matrimony. Concealing existing marital or parental responsibilities directly undermines the financial, maintenance, and guardianship rights of current spouses and children from prior marriages. To resolve these systemic deficiencies, the writ requests the High Court to issue a directive requiring the inclusion of national identity card (NID) numbers, birth registration details, or passport numbers on the form, alongside verifiable documentation regarding ongoing maintenance obligations, child custody arrangements, and legal liabilities.
The petitioner has asked the court to issue a rule calling upon the authorities to explain why their failure to update and amend Form 1601 should not be declared illegal and unconstitutional. The Secretaries of the Law and Justice Division and the Legislative and Parliamentary Affairs Division under the Ministry of Law, Justice and Parliamentary Affairs, alongside the Inspector General of Registration, have been named as respondents in the petition.
Advocate Ishrat Hasan confirmed that the High Court bench is expected to conduct a preliminary hearing on the writ petition within the coming week. If accepted by the court, the legal challenge could pave the way for landmark reforms in Bangladesh’s family law administrative procedures, ensuring transparency, gender equity, and strict accountability in martial contracts.
