Second Marriage in Bangladesh: Permission, Penalties and a First Wife’s Rights in 2026

Second marriage in Bangladesh: the 2026 legal position

A second marriage in Bangladesh is lawful for a Muslim man only if he first obtains written permission from an Arbitration Council under section 6 of the Muslim Family Laws Ordinance 1961. Without that permission the marriage cannot be registered, all dower owed to the existing wife becomes payable at once, and the husband can be prosecuted and punished with simple imprisonment of up to one year, a fine of up to Tk 10,000, or both.[1] For Hindus and Christians the position is different again, and for Bangladeshis living abroad the Ordinance follows them wherever they are.

This guide explains the law as it stands in October 2026: who must apply and where, what the application must say, how the Arbitration Council decides, what the August 2025 High Court Division judgment upholding section 6 means, the penalties for marrying without permission, the existing wife's remedies, the rules for other communities, the position of non-resident Bangladeshis, and the registration reforms that are making hidden marriages harder to conceal.

Summary: A married Muslim man in Bangladesh may take a further wife only with the prior written permission of an Arbitration Council chaired by the local Union Parishad, Pourashava or City Corporation head. The existing wife's consent must be stated but is not a legal precondition. Marrying without permission triggers immediate payment of all dower, criminal penalties and a ground for the wife to seek divorce, and such a marriage cannot be registered.

Key point: On 20 August 2025 the High Court Division discharged a rule challenging section 6, holding that the permission process is neither discriminatory nor arbitrary and does not violate women's fundamental rights. The petitioner has said she will appeal to the Appellate Division.[2]

At a glance

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Table of Contents

The legal framework for a second marriage in Bangladesh

Muslim personal law permits a man to have up to four wives at once, but Bangladeshi statute regulates the practice tightly.[12] Section 6 of the Muslim Family Laws Ordinance 1961 provides that no man, during the subsistence of an existing marriage, may contract another marriage except with the previous permission in writing of the Arbitration Council.[1] Section 3 gives the Ordinance overriding effect over any contrary law, custom or usage.[1]

The Ordinance does not prohibit polygamy, and a commentator writing in The Daily Star in January 2026 described section 6 as a provision that merely makes polygamy slightly more difficult.[3] In practice, however, the consequences of ignoring it are severe enough that any man considering a second marriage in Bangladesh should treat the permission process as mandatory. The practice is also uncommon: Pew Research Center estimates cited in the literature put the share of Bangladeshi men in polygamous marriages at under one per cent.[12]

Who the rule applies to

Section 1 of the Ordinance applies it to all Muslim citizens of Bangladesh, wherever they may be.[1] Nationality, not residence, is the trigger. A Bangladeshi Muslim living in Riyadh, Kuala Lumpur or London remains bound by section 6, a point that matters for the many non-resident Bangladeshis whose second marriages take place abroad.

The link with registration

Section 6(1) also provides that a marriage contracted without permission shall not be registered under the Muslim Marriages and Divorces (Registration) Act 1974.[1] The kabinnama itself asks whether the bridegroom has an existing wife and, if so, whether permission has been obtained and its details.[6] [7] A Nikah Registrar who registers a further marriage without seeing the council's permission is acting outside the law.

How the permission process for a second marriage in Bangladesh works

The procedure is set out in section 6 and in the Muslim Family Laws Rules 1961. It is short on paper but needs careful preparation, because the council's written reasons will be scrutinised if any party seeks revision.

The application

The husband applies to the Chairman in the prescribed manner, with the prescribed fee. The application must state the reasons for the proposed marriage and whether the consent of the existing wife or wives has been obtained.[1] The kabinnama guidance indicates that the application goes to the Chairman of the area where the existing wife lives, and that if she consents her written consent is attached.[6]

"Chairman" means the chairman of the Union Parishad, the chairman of the Pourashava, or the Mayor or Administrator of the City Corporation, depending on the area, with substitutes where the office-holder is not a Muslim or cannot act.[1] Applying to the wrong office, or concealing the existing wife's address, is a common way for applications to fail later.

Constituting the Arbitration Council

On receiving the application, the Chairman asks the applicant and each existing wife to nominate a representative. The Arbitration Council is then made up of the Chairman and those representatives, and it can proceed even if a party fails to nominate within the time allowed.[1] Section 3(2) excludes the Code of Civil Procedure from council proceedings, so the hearing is informal, but each wife has a right to be represented and heard.[1]

The test: necessary and just

The council may grant permission if it is satisfied that the proposed marriage is necessary and just, and it may impose conditions. It must record its reasons.[1] [2] The Ordinance does not define "necessary and just". Textbook commentary on the council's work identifies the kind of factors usually examined, including the existing wife's physical and mental capacity, sterility and whether conjugal life is peaceful.[8] Equally relevant in practice is whether the husband can maintain more than one household and treat each wife equitably, which section 9 and the 1939 Act both make legally significant.[1] [4]

Is the first wife's consent required?

No. The application must state whether the existing wife consented, and Rule 14 of the Muslim Family Laws Rules 1961 asks the same question, but neither the Ordinance nor the Rules makes her consent a precondition for permission.[3] Her consent, or her refusal, is evidence the council weighs. A wife who objects should nominate a representative, attend and put her objections and her financial position on record. In the August 2025 judgment, the High Court Division also observed that the council cannot impose a unilateral decision on any party regarding marriage.[2]

Revision to the Assistant Judge

Any party dissatisfied with the council's decision may apply, within the prescribed period and on payment of the prescribed fee, for revision to the Assistant Judge concerned, whose decision is final and cannot be questioned in any court.[1] [2] Because there is no further appeal on the merits, the council hearing and the revision are where the case is won or lost.

The 2025 High Court Division judgment on section 6

Section 6 survived a direct constitutional challenge in 2025. In December 2021 Supreme Court lawyer Ishrat Hasan filed a writ petition arguing that the Arbitration Council cannot properly verify a husband's physical, mental and financial capacity, that the chairman may be biased, and that the first wife's consent should be mandatory. The High Court Division issued a rule on 5 January 2022.[2]

On 20 August 2025 the court discharged the rule, holding that the permission process is neither discriminatory nor arbitrary and that section 6 does not violate women's fundamental rights; the full judgment became available in December 2025.[2] Academic commentary has since argued that a wife's voluntary and informed consent should be a deciding factor, and has pointed to other jurisdictions that go further, including Indonesia, which requires the first wife's consent, and Turkey, which bans polygamy.[3] For now, the law is section 6 as written, subject to any appeal to the Appellate Division.

Penalties for a second marriage in Bangladesh without permission

Section 6(5) attaches two consequences to a marriage contracted without the council's permission.[1]

Immediate payment of dower

The husband must pay immediately the entire amount of dower, whether prompt or deferred, due to the existing wife or wives. If he does not pay, the amount is recoverable as arrears of land revenue.[1] This is often the most effective sanction. Deferred dower that might otherwise have been payable only on divorce or death becomes due at once, and recovery as land revenue arrears bypasses an ordinary civil suit.

Criminal liability

On conviction upon complaint, the husband is punishable with simple imprisonment for up to one year, a fine of up to ten thousand taka, or both.[1] Section 11A provides that an offence under the Ordinance is triable by a court where it was committed or where the complainant or the accused resides or last resided.[1]

Practitioners also point to the bigamy offence in section 494 of the Penal Code 1860, which can carry up to seven years' imprisonment where proved.[2] Whether that section applies turns on the parties' personal law and the validity of the later marriage, and it should not be threatened or relied on without careful advice.

Is the second marriage valid?

A marriage contracted without permission is not, under the prevailing view, invalid for that reason alone. Commentators note that non-compliance does not void the further marriage, which is why critics describe section 6 as a procedural hurdle rather than a substantive bar.[3] The second wife therefore has the rights of a wife, including dower and maintenance. What the husband loses is the ability to register the marriage, and he exposes himself to the dower and criminal consequences above.

The position of the second wife deserves more attention than it usually gets. She may not know of the existing marriage, or may have been told that permission was obtained. Before the ceremony she should ask to see the council's written permission and check that the kabinnama records it. After the ceremony, if the marriage was never registered, she should gather evidence of it at once: witnesses, photographs, the kazi's details and any documents naming her as wife. Her claims to dower, maintenance and, on her husband's death, a share of his estate depend on proving the marriage, and that proof becomes harder with every year that passes. Our guide to Muslim inheritance law in Bangladesh explains a widow's share.

The existing wife's remedies

A wife whose husband marries again, with or without permission, has a range of remedies. Choosing among them depends on whether she wants to stay in the marriage, end it, or secure money and protection for herself and her children.

Recovering dower

If permission was not obtained, she may demand the whole of her dower at once and recover it as arrears of land revenue.[1] Whether or not permission was obtained, unpaid dower remains a debt she can claim in the Family Court. Our guide to dower recovery in Bangladesh explains the procedure.

Criminal complaint

She may file a complaint for the section 6(5)(b) offence in the court where the marriage took place or where she or her husband lives or last lived.[1] A complaint is often most useful as leverage for a settlement covering dower and maintenance, but it should be filed only where the evidence of the second marriage is solid. Our guide to filing a criminal case covers the process.

Maintenance

Section 9 of the Ordinance allows a wife whose husband fails to maintain her adequately, or, where he has more than one wife, fails to maintain them equitably, to apply to the Chairman, who constitutes an Arbitration Council that may issue a certificate of the amount payable.[1] A Family Court claim is the alternative. In districts covered by mandatory pre-case mediation, maintenance and other Family Courts Act disputes must first go to the district legal aid office.[14] Our guide to maintenance cases in Bangladesh explains how claims are valued.

Divorce

The Dissolution of Muslim Marriages Act 1939 gives the wife two directly relevant grounds. Clause (iia) of section 2, inserted by the 1961 Ordinance, allows dissolution where the husband has taken an additional wife in contravention of the Ordinance. Clause (viii)(f) treats it as cruelty where a husband with more than one wife does not treat her equitably in accordance with the injunctions of the Quran.[4] The Act preserves her right to dower on dissolution.[4]

Where clause 18 of her kabinnama delegated a right of divorce to her, she may also divorce by talaq-e-tafweez without going to court. The delegation can be unconditional or conditional, and a wife exercising it need not give up her dower.[6] A delegation conditioned on the husband taking another wife is a well-drafted bride's best protection. Our guide to Muslim divorce procedure in Bangladesh explains how a delegated divorce is given effect.

Registering a second marriage in Bangladesh

Registration is where the permission rule bites in practice. Section 3 of the Muslim Marriages and Divorces (Registration) Act 1974 requires every marriage solemnised under Muslim law to be registered. If the Nikah Registrar solemnises the marriage, he registers it at once; if someone else solemnises it, the bridegroom must report it to the concerned Nikah Registrar within thirty days.[5] Failing to comply is an offence punishable with simple imprisonment for up to two years, a fine of up to three thousand taka, or both, and offences under the Act are tried by a Magistrate of the first class.[5]

The two statutes work together. A husband who marries again without permission cannot lawfully have the marriage registered under section 6(1) of the 1961 Ordinance, yet the 1974 Act requires registration.[1] [5] A second marriage in Bangladesh contracted without permission therefore tends to leave the husband in breach of both regimes at once. For the second wife, an unregistered marriage is harder to prove when she claims dower, maintenance or inheritance, which is one reason she should insist on seeing the council's permission before the ceremony.

A Nikah Registrar's licence can be suspended or revoked for misconduct.[5] A registrar who is shown a kabinnama disclosing an existing wife should therefore ask for the council's permission, and the kabinnama itself must record the details of any permission obtained.[7] Our guide to marriage registration in Bangladesh explains the registrar system.

Evidence: proving or disproving a second marriage

Most disputes about a second marriage in Bangladesh are disputes about facts. Was there a second marriage? When? Was permission sought? The usual evidence includes:

• Registration records: a certified copy of the kabinnama and register entry from the Nikah Registrar, or evidence that no entry exists despite the marriage.
• The council's file: the application, notices to the existing wife, nominations, the council's recorded reasons and any revision order.
• Witnesses: the kazi or person who solemnised the marriage and the witnesses to it.
• Documents of family life: birth registrations naming both parents, school records, tenancy agreements, travel and visa records listing a spouse.
• Digital evidence: messages, photographs and social media posts, preserved with metadata and properly authenticated.

Concealment is easier than it should be because registration has historically been paper-based. The petitioners who obtained the December 2025 High Court Division order on digital registration argued precisely that a marriage registered in one area could be hidden elsewhere, enabling further marriages.[10]

Second marriage in Bangladesh for Hindus and Christians

Section 6 applies only to Muslims. The rules for other communities come from their own personal laws and from the general criminal law.

Hindus

Hindu personal law as applied in Bangladesh places no statutory limit on the number of wives a Hindu man may take, and it contains no provision for divorce.[12]

The United States State Department's 2023 report summarised the position as allowing men to have multiple wives but offering officially no options for divorce, and a survey it cited found that 26.7 per cent of Hindu men and 29.2 per cent of Hindu women had wanted a divorce but did not seek one because of existing laws.[13] A Hindu wife whose husband marries again therefore cannot divorce him, and her remedies are confined largely to financial claims and the protection of her property. Government attempts to reform the law have met strong resistance.[12]

Christians

For Christians, whose marriages are solemnised under the Christian Marriage Act 1872, the principal sanction against a second marriage during the life of a spouse is the bigamy offence under section 494 of the Penal Code, which practitioners note can carry up to seven years' imprisonment.[2] A Christian spouse facing a second marriage should take advice on both the criminal complaint and matrimonial relief.

Conversion and interfaith marriages

Conversion to Islam in order to take a second wife raises difficult questions about the validity of the later marriage and the rights of the first spouse under her own personal law. These cases need individual advice. Our guide to interfaith marriage in Bangladesh explains how the Special Marriage Act and the personal laws interact.

Non-resident Bangladeshis and second marriages abroad

Because section 6 applies to Muslim citizens of Bangladesh wherever they may be, a Bangladeshi Muslim man who contracts a further marriage abroad without permission is in breach of the Ordinance, whatever the local law allows.[1] The dower consequence under section 6(5)(a) can be enforced against him in Bangladesh, and a criminal complaint can be filed where the existing wife lives.[1]

Two further points matter for non-resident families planning a second marriage in Bangladesh or overseas. First, many countries prohibit polygamous marriages outright, so a ceremony that is merely irregular under Bangladeshi law may be void or criminal where it takes place, and may affect immigration status and spousal visas. Second, the planned digital registration system is intended to let foreign authorities verify marriages online, which will make undisclosed marriages harder to hide in visa and citizenship applications.[11] A non-resident considering a second marriage in Bangladesh, or abroad, should take advice in both jurisdictions before the ceremony. Our cross-border family matters practice handles these cases.

Step-by-step: applying for permission

For a husband who intends to remarry lawfully, and for a wife responding to an application, the process runs as follows.

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An existing wife who receives notice of an application should treat it as the start of a legal proceeding: nominate a representative, prepare a written statement of her dower, maintenance and children's needs, and seek conditions if permission is likely to be granted.

How the routes compare

The table below summarises the position for each community and scenario. On a phone, scroll it sideways.

The comparison shows why advice before the event matters. For a Muslim husband, obtaining permission converts a high-risk act into a lawful one. For a Muslim wife, a well-drafted kabinnama and a prompt response to any application are the strongest protections. For Hindu and Christian spouses, the general criminal law and their own personal laws govern. Our Islamic family law practice advises on each.

Common mistakes to avoid

• Treating the first wife's signature as permission: only the Arbitration Council can grant permission; her consent is evidence, not authority.[3]
• Marrying abroad to avoid the rule: section 6 applies to Bangladeshi Muslims wherever they may be.[1]
• Ignoring deferred dower: marrying without permission makes the existing wife's whole dower payable immediately.[1]
• Using an unofficial ceremony: an unregistered marriage breaches the 1974 Act and leaves the second wife exposed.[5]
• Missing the revision window: the Assistant Judge's decision is final, and revision must be sought within the prescribed period.[1]
• Staying silent as the existing wife: a wife who does not nominate a representative allows the council to proceed without her voice.[1]

Registration reforms and what to watch in 2026

The practical obstacle to enforcing the rules on a second marriage in Bangladesh has always been concealment. That is changing. On 11 December 2025 the High Court Division directed the government to digitise marriage and divorce registration and build a usable central database that citizens, especially women, can verify.[10] On 3 October 2026 the Law Minister, Md Asaduzzaman, said registration would move online with marital records linked to national identity and passport data, so that a person who conceals an earlier marriage and tries to marry again can be identified and polygamy detected more easily.[11]

Separately, in September 2026 the High Court Division issued a rule asking why the kabinnama should not be amended to require mandatory disclosure of both parties' previous and existing marriages, children and government identification details, noting that a groom currently gives some information about an existing wife but need not disclose all previous marriages, divorces or children.[9] If that rule is made absolute, concealing an existing marriage will become harder at the point of registration itself.

The constitutional debate is not over either. An appeal against the August 2025 judgment has been signalled, and academic voices are pressing for the first wife's consent to become decisive.[2] [3] Anyone planning, contesting or advising on a second marriage in Bangladesh should check the position at the time. To discuss a specific matter, contact TRW. Further reading: marriage registration in Bangladesh and a wife's rights after divorce.

Frequently asked questions

Is a second marriage legal in Bangladesh?

For a Muslim man, yes, but only with the prior written permission of the Arbitration Council under section 6 of the Muslim Family Laws Ordinance 1961.[1]

Does the first wife have to consent?

No. The application must say whether she consented, but her consent is not a legal precondition. The council weighs it with the other evidence.[2] [3]

Where is the application filed?

With the Chairman of the relevant Union Parishad, Pourashava or City Corporation, ordinarily for the area where the existing wife lives, with the prescribed fee.[1] [6]

What is the penalty for marrying without permission?

Immediate payment of all dower to the existing wife, recoverable as arrears of land revenue, and on conviction simple imprisonment of up to one year, a fine of up to Tk 10,000, or both.[1]

Is a second marriage without permission void?

Not for that reason alone, on the prevailing view. It cannot be registered and it exposes the husband to penalties, but the second wife and children retain their rights.[1] [3]

Can the first wife get a divorce if her husband remarries?

Yes. Marrying in contravention of the Ordinance, and failing to treat co-wives equitably, are grounds for dissolution under the 1939 Act. A delegated right in clause 18 of the kabinnama may also allow talaq-e-tafweez.[4] [6]

Can the council's decision be challenged?

Yes, by revision to the Assistant Judge within the prescribed period. The Assistant Judge's decision is final.[1]

Does section 6 apply to Bangladeshis abroad?

Yes. The Ordinance applies to all Muslim citizens of Bangladesh wherever they may be.[1]

Can a Hindu man marry twice in Bangladesh?

Hindu personal law in Bangladesh sets no limit on the number of wives and provides no divorce, so a Hindu wife's remedies are limited to financial and property claims.[12] [13]

Did the High Court strike down section 6?

No. On 20 August 2025 it discharged the rule and upheld section 6 as neither discriminatory nor arbitrary. An appeal has been signalled.[2]