Court Marriage in Bangladesh: Is It Legal? Rules, Age, Kazi Registration & Cost

In this guide: What makes a Muslim marriage valid · Registration is compulsory · So why do people swear an affidavit? · If the family files a case · Inter-faith marriage · Hindu and Christian marriages · Marrying under age

The short answer

There is no separate legal procedure called “court marriage” in Bangladesh. The phrase usually means an affidavit sworn before a Notary Public in which two adults declare that they have married of their own free will. That affidavit is useful evidence of consent, but it is not a marriage by itself. A lawful marriage needs the ceremony your personal law requires and, for Muslims, registration with a Nikah Registrar (Kazi).

What makes a Muslim marriage valid

• Both parties have reached legal age: 21 for the man and 18 for the woman (Child Marriage Restraint Act 2017).
• A clear proposal and acceptance at the same meeting.
• Two adult Muslim witnesses (two men, or one man and two women).
• Denmohor fixed and recorded.
• No legal bar, such as a close blood relationship or an existing marriage for the woman.

An adult Muslim woman does not need her guardian’s consent to marry under the Hanafi law followed in Bangladesh. Family approval is a social issue, not a legal requirement.

Registration is compulsory

Every Muslim marriage must be registered with a licensed Nikah Registrar. Failing to register is punishable with simple imprisonment of up to two years, a fine of up to Tk 3,000, or both. An unregistered marriage is not automatically void, but it is very hard to prove, which hurts the wife most: denmohor, maintenance, inheritance and the children’s documents all depend on proof.

The Kazi’s fee is calculated on the denmohor. Under the current rules it is about Tk 14 for every Tk 1,000 of dower up to Tk 5 lakh, then Tk 100 for each additional lakh, with a minimum fee of Tk 200 (Muslim Marriages and Divorces (Registration) Rules 2009, as amended in December 2022). Always ask for the official receipt and a certified copy of the nikahnama.

So why do people swear an affidavit?

When families object, couples often marry by nikah and register with a Kazi, then swear an affidavit declaring that they are adults and married voluntarily. Used this way, the affidavit is a sensible extra layer of evidence, especially if the woman’s family later files a case alleging abduction. The order matters: nikah and registration first, affidavit second.

If the family files a case

A common response from an objecting family is a complaint of abduction or rape under the Women and Children Repression Prevention Act. If you are both adults and married lawfully:

• Keep the certified nikahnama, the affidavit, both NIDs or birth certificates, and photos from the ceremony.
• The wife’s own statement before a Magistrate that she married voluntarily carries great weight.
• Take legal advice early on anticipatory bail for the husband and his family. See our guide to false cases.

Inter-faith marriage

A Muslim man may marry a Christian or Jewish woman under Muslim law. Other inter-faith marriages are made under the Special Marriage Act 1872, which requires notice to the Marriage Registrar, a waiting period, three witnesses and a declaration by the parties. The Act’s traditional form requires a declaration that the parties do not profess certain religions, which has consequences for family and inheritance rights, so take advice before choosing this route.

Hindu and Christian marriages

Hindu marriages are made by religious rites. Registration under the Hindu Marriage Registration Act 2012 is optional but strongly advisable for passports, visas and inheritance. Christian marriages are solemnised under the Christian Marriage Act 1872 by an authorised minister or registrar.

Marrying under age

A marriage where the woman is under 18 or the man under 21 is a child marriage. Adults who marry a child, parents who arrange it, and the person who solemnises or registers it all face imprisonment and fines. A Kazi who registers a child marriage also risks losing his licence. Do not rely on false birth certificates: the risk falls on everyone involved.