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

A Muslim man in Bangladesh cannot simply take a second wife. He needs written permission from an Arbitration Council, and marrying without it has consequences for him and rights for both wives. In 2025 the High Court Division upheld the rule. Here is how permission works, what happens if a man ignores it, and what each wife can do.

Muslim Family Laws Ordinance 1961, s.6Dissolution of Muslim Marriages Act 1939, s.2Muslim Marriages and Divorces (Registration) Act 1974
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Application form with an empty checkbox and seal, a balance scale and a third ring set apart, illustrating second marriage law in Bangladesh
At a glance
  • Permission comes from the Arbitration Council, not from the wife alone
  • The application goes to the Chairman with reasons and a fee
  • Marrying without permission: all existing dower due at once, and a criminal penalty
  • The first wife can seek divorce and maintenance

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.
Arbitration Council process for second-marriage permission in Bangladesh

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.

General information, not advice on your case. This guide explains the law and the usual practice. Your documents, your facts and your district’s practice decide what applies to you.
Second marriage under the law
1

Apply

To the Chairman, with reasons and the fee.

2

Arbitration Council

Chairman plus one representative of each side.

3

Decision

Written permission, or refusal.

4

Register

Only with permission; the Kazi checks it.

Skipping permission costs the husband all existing dower at once and can lead to a criminal case.Book a Consultation

Common questions

Does a man need his first wife's permission for a second marriage?

He needs the Arbitration Council's written permission under section 6. The first wife's views count in that decision, but the Council decides.

What is the penalty for a second marriage without permission?

All existing dower becomes payable immediately, and on complaint the husband can be punished with up to one year's imprisonment, a fine of up to Tk 10,000, or both.

What did the High Court say in 2025 about second marriage?

It upheld section 6, holding that permission by the Arbitration Council rather than the first wife's explicit consent is not discriminatory or arbitrary.

What can the first wife do if her husband remarries without permission?

Claim her full dower and maintenance, file a complaint, and seek divorce in the Family Court under the 1939 Act.

Is a second marriage without permission valid?

Courts have generally treated it as valid in Muslim law, but it cannot lawfully be registered and the husband faces the penalties.

Do children of a second marriage inherit?

Yes. Children of a valid marriage inherit from their father equally with his other children of the same sex.

What is the Arbitration Council?

A body formed by the Chairman, with one representative each of the husband and wife, that decides on second-marriage permission and attempts reconciliation in divorce.

Can a Kazi register a second marriage without permission?

No. A Nikah Registrar must see the Arbitration Council's permission before registering it.

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