Special Marriage in Bangladesh
Registration Services
Special Marriage in Bangladesh: Inter-Religion & Foreign Nationals
If you are planning a Special Marriage in Bangladesh, this definitive legal guide to the Special Marriage Act 1872 is for you. Navigate a marriage between different religions or a marriage between foreign nationals and Bangladeshi citizens with confidence.
What is the Special Marriage Act?
When parties belong to the same religion, their personal laws (e.g., Muslim or Hindu laws) administer their union. However, the purpose of the Special Marriage Act of 1872 is to provide a legal framework for a civil special marriage. This strictly applies to a marriage between different religions or transnational marriages involving citizens and foreign nationals who do not profess the same traditional faith.
Eligibility for a Special Marriage in Bangladesh
Under Section 2 of the Act, strict conditions are imposed upon parties seeking a civil union regardless of their faith or nationality in Bangladesh.
Legal Conditions (Section 2)
-
Minimum Age Requirement The groom must have completed 21 years of age, and the bride 18 years. If under 21, the consent of the father or guardian is legally required.
-
Single Marital Status Neither party can have a husband or wife living at the time of the marriage. Contracting a second marriage is void and punishable under Sections 494/495 of the Penal Code.
-
Prohibited Relationships The parties must not be related to each other in any degree of consanguinity or affinity that would render the marriage illegal.
Documents Required for Foreign Nationals & Citizens
Why is Special Marriage Registration Essential?
Procedure for a Special Marriage in Bangladesh
Explore the exact legal steps required to register a marriage between different religions or complete a Special Marriage in Bangladesh. Click on each step to reveal the statutory requirements.
Notice of Marriage (Sec. 4)
One of the parties must give notice in writing to the Registrar. This is a crucial first step for any Special Marriage in Bangladesh.
Objections & The 14-Day Wait (Sec. 6 & 7)
After receiving the notice, a 14-day waiting period commences. During this time, anyone can raise an objection based on the legal conditions.
- The nature of the objection is recorded by the Registrar.
- If a civil suit is filed, the marriage cannot proceed until a declaratory decree is issued by the court.
- Penalty: If the court finds the objection was unreasonable and not bona fide, it can inflict a fine up to 1,000 Taka.
Signing the Declaration (Sec. 10)
Before the marriage is officially solemnized, the parties must sign a formal legal declaration.
- Must be signed in the presence of the Registrar.
- Must be signed by three (3) witnesses.
- If a party is under 21, their father or guardian must also sign.
- Countersigned by the Registrar.
Solemnization & Certificate (Sec. 11)
The marriage is solemnized in the presence of the Registrar and the three witnesses.
Divorce Rules for a Special Marriage in Bangladesh
All marriages contracted under the Special Marriage Act are subject exclusively to The Divorce Act of 1869. The grounds for dissolution differ for husbands and wives.
Filing for Divorce by Husband (Sec. 3)
Under the 1869 Act, the grounds for a husband to file a petition before the District Judge Court or High Court Division are highly restricted.
The decree pronounced by the District Judge is subject to review by the High Court Division and will not be confirmed until six months after pronouncement.
Filing for Divorce by Wife (Sec. 10)
A wife has a broader set of legal grounds to file for dissolution of a special marriage.
- Husband converted to another religion and married another woman.
- Husband has been guilty of adultery.
- Husband has been guilty of bigamy (marriage to another woman).
- Husband has been guilty of rape or bestiality.
- Desertion for two years along with adultery.
- Cruelty along with adultery.
Nullity of Marriage (Sec. 18 & 19)
Either party may present a petition praying that the marriage be declared null and void on the following grounds:
Judicial Separation (Sec. 22 & 23)
An alternative process to full divorce. Either husband or wife can seek judicial separation from the High Court Division or District Court.
Statutory Grounds:
- Adultery
- Cruelty
- Desertion without reasonable excuse for two years or upwards.
Effect: The decree shall have the effect of a divorce under existing law regarding property and cohabitation rights.
Disparity in Legal Grounds for Divorce (1869 Act)
Comparing distinct legal avenues available to husbands vs wives in an inter-religion marriage.
Our Services
Ensuring a Seamless and Legally-Sound Union in Bangladesh
Special Marriage
Registration
Hindu Marriage
Registration
Divorce of Special
Marriage
Divorce of Hindu
Marriage
Marriage Certificate
Affidavit of Special
Marriage
Marriage Certificate
Notary Attestation
Marriage Certificate
Ministry Attestation
Marriage & Separation
Consultation
Legal Services
Frequently Asked Questions (FAQs) about Special Marriage in Bangladesh
Here you can get almost all answer for your question about Special Marriage Registration
Partner with LegalSeba LLP for a Seamless Process
We simplify the complexities of marriage registration in Bangladesh. From document preparation and regulatory compliance to legal advisory and post-marriage support, our dedicated team ensures your legal journey is smooth, compliant, and successful.
