Case Number: Writ Petition No. 4781 of 2012
Date of filing: 2012/05/02
Bangladesh National Women Lawyers’ Association (BNWLA)
- Secretary, Ministry of Law, Justice and Parliamentary Affairs
- Secretary, Ministry of Women and Children Affairs
- Cabinet Secretary
Forged marriages take place leading to devastating consequences in the lives of women. Present marriage structure and existing laws create confusion. The existence of the Child Marriage Restraint Act could not fulfil the legislators’ ambition to stop or reduce child marriage. During marriage, birth certificates sometimes provide false information and are produced fake. As a result, all prohibition of child marriage gets frustrated. The petition filed to get guidelines before court.
The Court issued a Rule Nisi calling upon the respondents to show cause as to why they should not direct the Nikkah and Marriage Registrars to register the marriage and divorce on the basis of National ID cards and also enact provisions of divorce through court proceedings to ensure dower, maintenance and guardianship of children in order to reduce domestic violence and digitalise the marriage and divorce registration systems.
Mr. Justice Farid Ahmed
Mr. Justice Zafar Ahmed
Area of law
Child Marriage; Marriage Certificates
Constitution, Article 102;
Dissolution of Muslim Marriage Act 1939;
Family Court Ordinance, 1985, Section 5(a);
Muslim Family Law Ordinance, Section 7
The Court delivered judgment and held that since the time has not yet come to determine the age of parties only on the basis of the National ID cards, therefore, emphasise must be given on it during marriage. In case of non-availability of National ID cards, section 23 (Ka) of the Muslim Marriage Divorce Ordinance will prevail. The Nikkah Registrars are to give emphasise and priority to the National ID Cards in determining the age of the parties, thereby disposing the rule.
Ms. Justice Salma Masud Chowdhury
Mr. Justice Md. Habibul Ghani
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