Understanding Special Marriage Act in Bangladesh

Special Marriage Act Overview and Process

If you wish to marry under the Special Marriage Act, you must first consult a lawyer. The process under the Special Marriage Act can be somewhat complex and time-consuming. However, a skilled lawyer can efficiently and easily help you reach your goal. A reliable and competent lawyer can make your tasks easier, saving you time and reducing hassle. You can contact Advocate Rashedujjaman Rashed for assistance with a special marriage. He ensures confidentiality and completes the marriage process promptly.

Increasing Popularity of Special Marriages

The number of marriages under the Special Marriage Act is steadily increasing. This is because the process is relatively straightforward, and it does not require changing one’s religion or name. Any two adults from different religions can marry under the Special Marriage Act, 1872 (amended in 2007). Close relatives or already married individuals cannot marry under this act. Over the past decade, the number of registered marriages has more than doubled. Marrying in court without changing religion or name can be complicated, but under the Special Marriage Act, these obstacles are removed. Individuals can maintain their religious practices without difficulty, contributing to the rising number of marriages under this act.

Process for Marriage Under the Special Marriage Act

1. **Affidavit Signing**: The bride and groom must sign an affidavit prepared under the supervision of a lawyer.
2. **Notarization**: The affidavit must be notarized by a Notary Public through a lawyer.
3. **Marriage Ceremony**: Complete the formalities at the government-approved Special Marriage Registrar’s office with the required form and three witnesses.

Contact Us

We provide all consultations and services related to special marriages. Your information is secure with us, and we handle all procedures under the Special Marriage Act promptly. Contact: 01785460085

Eligibility for Marriage Under the Special Marriage Act

1. Any individual, regardless of religion.
2. Atheists or those who do not follow any religion.
3. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, and Jews can marry under the Special Marriage Act, 1872.
4. Interfaith marriages are conducted under this law.
5. This act applies throughout Bangladesh and extends to willing spouses who are Bangladeshi citizens residing abroad.
6. Bangladeshi citizens living abroad.
7. It is also applicable for marriages between foreign nationals residing in Bangladesh and Bangladeshi citizens.

Benefits of Special Marriage

1. Freedom to practice one’s religion.
2. No need to change religious identity or name upon marriage.
3. Spouses cannot impose their religion on each other.
4. Divorce requires court approval, ensuring it is not done impulsively.
5. The act provides for marriage registration, granting legal recognition and several legal benefits and protections such as inheritance rights and social security.
6. It prohibits polygamy and invalidates marriages if one partner has a living spouse or is mentally incapable of giving valid consent.

Conditions for Marriage Under the Special Marriage Act

1. **Age Requirement**: According to the Gregorian calendar, the male must be at least 18 years old and the female at least 14 years old.
2. **Relationship**: The couple must not be related by blood or marriage in a way that would make the marriage illegal under applicable laws.
3. **Parental Consent**: If either party is under 21, they must obtain consent from their father or guardian.

Required Documents for Special Marriage

1. Photocopy of NID card/birth registration/passport (for both parties).
2. Three witnesses.
3. Two copies of photographs (for both parties).

Special Marriage Divorce Procedure

Divorce under Special Marriage Act 1872 is a complex matter. According to the Divorce Law of 1869, divorce under special marriage can be granted with the permission of the court. When married under the Special Marriage Act, certain rules and laws must be followed to initiate divorce. Under this law, spouses cannot divorce at will; instead, they must obtain permission from the court to divorce under special marriage circumstances. If either party wishes to initiate divorce, it must be done under the Divorce Act of 1869 with the court’s permission. Otherwise, simply submitting a declaration of divorce won’t suffice; it must be done through the court process.

Divorce Completion Without Court Permission

If one wishes to complete a divorce without the court’s permission, the other party can challenge it. According to the Divorce Law of 1869, the reasons for divorce must be shown, such as engaging in prohibited sexual relations, marrying another woman, committing adultery, or engaging in extreme cruelty or immoral behavior along with prostitution. To file for divorce, an application must be submitted to the court with these allegations.

Inheritance

Under the Special Marriage Act, those who marry and their children will inherit according to the Succession Act of 1925. If property is left by the parents through a will or testament before their death, it won’t be governed by the provisions of this law but rather by the will or testament.

Opposition to Marriage

Under the Special Marriage Act, if there is opposition to the marriage, one can file a lawsuit in the civil court seeking redress. Additionally, if anyone faces harassment due to marriage, they can file a lawsuit under the prevailing laws of Bangladesh. If a party claims coercion, they can file a case under the law against coercion. They may also seek refuge in the family court.

Necessity (Optional)

As Bangladeshis have faith in proper customs and rituals in marriage, and extravagance and ostentation exist, none of these necessitate the Special Marriage Act. The fundamental requirement of this law for a valid marriage is the mutual consent of both parties. If both parties are willing to marry each other, it’s sufficient; caste, religion, or ethnicity cannot act as barriers here. Under this law, to marry, parties must submit a notice to the marriage registrar stating their intention to marry, where it’s stated that both parties have resided together for at least 15 days before the date of such notice.

Some Important Sections of the Special Marriage Act

According to Section 4 of the law, when a marriage ceremony is conducted under this law, one of the parties must give written notice to the registrar, before whom it will be solemnized.

Section 5 requires the registrar to file all such notices and keep them with the records of his office and prepare a true copy of each such notice in a book to be called the “Marriage Notice Book” under the provisions of Act III of 1872, and the book shall be open to inspection by all persons desirous of examining the same without fee.

Under Section 6 of the law, it is stated that after the publication of the notice, anyone can object to the marriage if they wish. When a marriage officer receives an objection, he must investigate it and handle it properly.

According to Section 10 of the law, the marriage certificate must be signed by the parties to the marriage and three witnesses, and it must be verified and signed by the marriage officer.

Section 12 of the law states that such a marriage may be solemnized at the office of the marriage officer or at any other place at a reasonable distance from his office, and if the marriage is solemnized outside the office of the marriage officer, extra charges will apply.

Section 13 deals with the marriage certificate. The marriage officer enters the marriage in the “Marriage Certificate Book” and, when the marriage is completed, issues a marriage certificate.

According to Section 16 of the law, under the Special Marriage Act, 1954, everyone married under this law recognizes the legality of their children’s births. Even after declaring the marriage void, they retain ownership of property. Heirs from such marriages are not entitled to ancestral property but only a portion of their father’s self-owned or inherited property. The right to take adoptive son as a son will rest with the father.

 

FAQs on Special Marriage in Bangladesh

Question 1: What is a special marriage in Bangladesh?

• A special marriage in Bangladesh is a civil marriage that is conducted under the Special Marriage Act of 1872. This act allows people of different religions or those who prefer a civil ceremony to get married without following the religious customs.

Question 2: Who can apply for a special marriage in Bangladesh?

• Any couple can apply for a special marriage in Bangladesh, regardless of their religion or nationality, as long as both parties are of legal age and consent to the marriage.

Question 3: What are the eligibility criteria for a special marriage in Bangladesh?

• The parties must be at least 18 years old (for females) and 21 years old (for males). Both individuals must be mentally sound and not related to each other within prohibited degrees of relationship.

Question 4: What documents are required for a special marriage in Bangladesh?

• The required documents typically include:
  • Proof of age (birth certificate or passport)
  • Proof of residence (utility bills or lease agreement)
  • Affidavit of marital status (single, divorced, or widowed)
  • Two passport-sized photographs of each party
  • Notice of intended marriage

Question 5: What is the procedure for registering a special marriage in Bangladesh?

• The procedure includes:
  1. Giving notice of the intended marriage to the Marriage Registrar in the area where at least one of the parties has resided for at least 30 days prior to giving the notice.
  2. The notice is then published and displayed in the Registrar’s office for 30 days.
  3. If no objections are raised within these 30 days, the marriage can be solemnized.
  4. The marriage is solemnized in the presence of the Marriage Registrar and three witnesses.
  5. A marriage certificate is issued after the ceremony.

Question 6: Can foreigners marry under the Special Marriage Act in Bangladesh?

• Yes, foreigners can marry under the Special Marriage Act in Bangladesh, provided they meet the legal requirements and present the necessary documentation, including proof of their single status and a valid visa.

Question 7: What happens if there is an objection to the marriage during the notice period?

• If an objection is raised, the Marriage Registrar will investigate the matter. If the objection is found to be valid, the marriage cannot proceed. If the objection is invalid or resolved, the marriage can be solemnized as planned.

Question 8: Can a special marriage be solemnized without the 30-day notice?

• In general, the 30-day notice period is mandatory. However, in exceptional cases, a court may waive this requirement. The couple would need to file a petition explaining the reasons for seeking the waiver.

Question 9: Is a religious ceremony required in a special marriage?

• No, a religious ceremony is not required in a special marriage under the Special Marriage Act. The marriage is conducted and registered as a civil contract.

Question 10: How can a special marriage be dissolved in Bangladesh?

• A special marriage can be dissolved through divorce under the provisions of the Special Marriage Act. The process involves filing a petition in the Family Court, and the grounds for divorce can include mutual consent, adultery, cruelty, desertion, or other legally recognized reasons.

Question 11: Is it necessary to reside in Bangladesh to get married under the Special Marriage Act?

• At least one of the parties must have resided in the area where the marriage is to be registered for a minimum of 30 days before giving the notice of the intended marriage.

Question 12: Can special marriages be registered online in Bangladesh?

• As of now, special marriages cannot be registered online in Bangladesh. All procedures need to be conducted in person at the respective Marriage Registrar’s office.

Question 13: What are the fees associated with registering a special marriage in Bangladesh?

• The fees for registering a special marriage vary depending on the local regulations and the specific registrar’s office. It is advisable to check with the local Marriage Registrar for the exact fee structure.

Question 14: Can a marriage be solemnized if one of the parties is not present in Bangladesh?

• Both parties need to be physically present before the Marriage Registrar for the marriage to be solemnized. Proxies or representatives are not permitted to stand in for either party.

Question 15: What role do witnesses play in a special marriage?

• Three witnesses are required to be present at the time of the marriage ceremony. These witnesses must sign the marriage certificate, affirming that they have observed the marriage ceremony.

Question 16: Are there any special considerations for Muslims wanting to marry under the Special Marriage Act in Bangladesh?

• Muslims can marry under the Special Marriage Act if they prefer a civil marriage over a religious one. However, they need to ensure that their marriage is in accordance with both civil and Islamic laws to avoid any legal complications.

Question 17: How can parties obtain a copy of their marriage certificate?

• A certified copy of the marriage certificate can be obtained from the office of the Marriage Registrar where the marriage was registered. The couple may need to fill out an application form and pay a nominal fee to obtain the copy.

Question 18: Can a special marriage be registered if one party is already married?

• No, a special marriage cannot be registered if one of the parties is already married to another person. Both parties must be legally single, divorced, or widowed.

Question 19: How is a special marriage different from a traditional marriage in Bangladesh?

• A special marriage is a civil contract conducted under the Special Marriage Act, without religious rituals. Traditional marriages, on the other hand, are conducted according to the religious customs and practices of the parties involved.

Question 20: What legal protections are provided to couples married under the Special Marriage Act?

• Couples married under the Special Marriage Act are entitled to legal protections similar to those provided to couples married under religious laws. This includes rights related to inheritance, custody of children, and maintenance.

Question 21: Can a marriage under the Special Marriage Act be converted into a religious marriage later?

• Yes, a couple can choose to have a religious ceremony after their civil marriage. However, the civil marriage remains legally valid, and the religious ceremony is not required for legal recognition.

Question 22: What should be done if the marriage certificate is lost or damaged?

• In case the marriage certificate is lost or damaged, the couple can apply for a duplicate certificate at the Marriage Registrar’s office where the marriage was originally registered. They may need to provide proof of identity and pay a fee for the duplicate certificate.

Question 23: Are there any penalties for providing false information during the marriage registration process?

• Yes, providing false information or documents during the marriage registration process is a criminal offense and can lead to penalties, including fines and imprisonment.

Question 24: Can a special marriage be registered in a language other than Bengali?

• The official language for registering marriages in Bangladesh is Bengali. However, in practice, the Marriage Registrar may allow the use of English, especially if one of the parties is a foreign national.

Question 25: What are the steps to change the marital status on official documents after a special marriage?

• After the marriage is registered, the couple needs to update their marital status on official documents such as passports, national IDs, and other relevant records. This typically involves submitting a copy of the marriage certificate to the relevant authorities.