Second Marriage in Bangladesh: Arbitration Council Permission, Penalties and Wives' Rights

In this guide: How permission works · Is the first wife's consent required? · Marrying without permission: consequences · Rights of the first wife · Secret second marriage

The short answer

Under section 6 of the Muslim Family Laws Ordinance 1961, a married Muslim man who wants another wife must apply to the Chairman, who forms an Arbitration Council with a representative of each side. The Council grants permission only if it finds the new marriage necessary and just, taking the existing wife’s views into account. A man who marries without permission must pay all existing wives’ dower immediately and can be punished with imprisonment of up to one year, a fine of up to Tk 10,000, or both. In 2025 the High Court Division held this process constitutional.

How permission works

1. Application to the Chairman (Union Parishad, Pourashava or City Corporation) of the area where the existing wife lives, with the prescribed fee.
2. Reasons and whether the existing wife consents.
3. Arbitration Council: the Chairman and one representative each of the husband and the existing wife.
4. Grounds the Council weighs include the existing wife’s infertility, physical infirmity, unfitness for conjugal relations, a decree refusing restitution of conjugal rights, or insanity.
5. Decision in writing. Either side can seek revision before the prescribed authority.

Is the first wife's consent required?

Not as a separate veto. The law asks the Arbitration Council to decide, and the existing wife’s views are part of that decision. In August 2025 (judgment published December 2025) the High Court Division rejected a writ challenging section 6 and held that permission by the Council, rather than the first wife’s explicit consent, is neither discriminatory nor arbitrary, and that the Council cannot impose a one-sided decision. An appeal was announced, so watch for developments.

Marrying without permission: consequences

• Dower: the entire dower of every existing wife becomes payable immediately, prompt and deferred.
• Criminal penalty: on complaint, simple imprisonment of up to one year, a fine of up to Tk 10,000, or both.
• Registration: a Nikah Registrar must not register the marriage without the Council’s permission. A Kazi who does risks his licence.
• Divorce ground: the existing wife can ask the Family Court to dissolve her marriage under section 2(ii-a) of the Dissolution of Muslim Marriages Act 1939.

Courts have generally treated such a marriage as valid in Muslim law even though it is unlawful to contract it without permission. The new wife and her children keep their rights to dower, maintenance and inheritance.

Rights of the first wife

• Claim her full dower at once.
• Claim maintenance for herself and the children, whether she stays or leaves.
• File a complaint for the criminal penalty.
• Seek divorce in the Family Court, or use column 18 of the kabinnama if it gives her the right.

Secret second marriage

A second marriage kept secret is still subject to section 6. Secrecy usually comes out when the second wife claims dower or maintenance, a child’s birth registration names the father, or inheritance opens. A secret marriage does not reduce the first wife’s rights, and it often strengthens her case. A married woman cannot marry again until her divorce takes effect and her iddat ends; doing so is bigamy under section 494 of the Penal Code.