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 couples swear an affidavit? · If the family files a case · Inter-faith marriage · Marrying a foreign national · Hindu and Christian marriages · Marrying under age

The short answer

Bangladesh has no separate procedure called court marriage. The phrase normally means an affidavit, sworn before a Notary Public or a Magistrate, in which two adults declare that they have married of their own free will. The affidavit is useful evidence of consent. It does not create a marriage. For Muslims, a lawful marriage is a nikah with proper witnesses, registered with a licensed Nikah Registrar (Kazi).

What makes a Muslim marriage valid

• Both are of legal age: 21 for the man, 18 for the woman (Child Marriage Restraint Act 2017).
• Proposal and acceptance at the same sitting.
• Two adult Muslim witnesses: two men, or one man and two women.
• Denmohor agreed and recorded.
• No legal bar, such as a prohibited blood relationship, or the woman being already married or in iddat.

Under the Hanafi law applied in Bangladesh, an adult Muslim woman can marry without her guardian’s consent. Family approval matters socially. It is not a legal condition.

Registration is compulsory

Every Muslim marriage must be registered with a Kazi. Not registering 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 proving it later is hard, and the wife carries most of that risk: her denmohor, maintenance, inheritance and the children’s documents all depend on proof.

The Kazi’s fee is set by the Muslim Marriages and Divorces (Registration) Rules 2009, as amended in December 2022: Tk 14 for every Tk 1,000 of denmohor up to Tk 5 lakh, then Tk 100 for every additional lakh, with a minimum of Tk 200. Insist on the official receipt and a certified copy of the nikahnama. If a Kazi asks for much more than the scale, that is a warning sign.

So why do couples swear an affidavit?

When families object, couples usually marry by nikah, register with a Kazi, and then swear an affidavit stating that they are adults and married voluntarily. Used that way, the affidavit is a sensible extra record, especially if the bride’s family later alleges abduction. The order matters: nikah and registration first, affidavit second. An affidavit without a registered nikah protects no one.

If the family files a case

An objecting family often files a complaint of abduction or rape under the Women and Children Repression Prevention Act. If you are both adults and lawfully married:

• Keep the certified nikahnama, the affidavit, both NIDs or birth certificates, and photographs of the ceremony in more than one place.
• The wife’s own statement before a Magistrate, under section 164 of the Code of Criminal Procedure, that she married voluntarily carries great weight.
• Take advice at once on anticipatory bail for the husband and his family. See our guide to false cases.

If either of you is under age, none of this protects you. The case against the husband is then likely to succeed.

Inter-faith marriage

Under Muslim law a Muslim man may marry a Christian or Jewish woman. A Muslim woman may not marry a non-Muslim man under Muslim law. Other inter-faith couples marry under the Special Marriage Act 1872, which requires notice to the Marriage Registrar, a waiting period of 14 days, three witnesses and a declaration.

Be clear about what that declaration means. In its main form, both parties declare that they do not profess any of the listed religions. That can affect inheritance and family rights later. Take advice before you choose this route, not after.

Marrying a foreign national

A Bangladeshi marrying a foreign citizen can marry by nikah, if the religious conditions are met, or under the Special Marriage Act. Kazis usually ask the foreign spouse for a passport, proof of religion where relevant, and a certificate of no impediment or single status from their embassy. Some embassies also want the marriage registered with them. Government employees need prior permission to marry a foreign national. Check these papers before fixing a date.

Hindu and Christian marriages

Hindu marriages are made by religious rites. Registration under the Hindu Marriage Registration Act 2012 is optional, but you will need it for passports, visas and inheritance, so register. Christian marriages are solemnised under the Christian Marriage Act 1872 by an authorised minister or Marriage Registrar.

Marrying under age

A marriage where the woman is under 18 or the man under 21 is a child marriage. The adult who marries a child, the parents or guardians who arrange it, and the person who solemnises or registers it can all be imprisoned and fined, and a Kazi can lose his licence. A false birth certificate does not make the marriage lawful. It adds a forgery offence.