The Special Marriage Act, 1872 provides a legal framework for civil marriages in Bangladesh, allowing persons of any religion, caste, or nationality to marry without renouncing their faith. It applies throughout Bangladesh to marriages solemnised in civil form before a Marriage Registrar. The Act sets out conditions for a valid marriage: both parties must be of marriageable age, must not be within prohibited degrees of relationship, and must not have a living spouse. The marriage is solemnised after a notice period of 14 days during which any person may lodge an objection. Key mechanisms include the procedure for registration of marriages, the issuance of a marriage certificate, provisions for the registration of marriages already solemnised under other forms, and rules for the dissolution of marriage on grounds including adultery, cruelty, desertion, and conversion. Notable provisions include the recognition of marriages between persons of different religious backgrounds without requirement of conversion, the provision for divorce by mutual consent, and the legal effect of registration as conclusive proof of marriage. The Act does not apply to marriages already governed by Muslim personal law. It remains in force.
Full text · showing key sections
§ 1Local extent
§ 2Conditions upon which marriages under Act may be celebrated
§ 3Appointment of Marriage Registrars
§ 4One of the parties to intended marriage to give notice to Registrar
§ 5Notice to be filed and copy entered in the Marriage Notice Book
§ 6Objection to Marriage
§ 7Procedure on receipt of objection
§ 8Certificate of filing of suit to be lodged with Registrar
§ 9Court may fine when objection not reasonable
§ 10Declaration by parties and witnesses
§ 11Marriage how to be solemnized
§ 12Place where marriage may be solemnized
§ 13Certificate of marriage
§ 13ATransmission of certified copies of entries in Marriage Certificate Book to the Registrar General of Births, Deaths and Marriages
§ 14Fees
§ 15Penalty on married person marrying again under Act
§ 16Punishment of bigamy
§ 17Divorce Act to apply
§ 18Law to apply to issue of marriages under Act
§ 19Saving of marriages solemnized otherwise than under Act
§ 20[Repealed]
§ 21Penalty for signing declarations or certificates containing false statements
§ 22Effect of certain marriages on coparcenary
§ 23Rights of succession in certain cases of marriage under Act
§ 24Succession to the property of parties married under Act
§ 25Person marrying under Act not to have right of adoption
§ 26Adoption by father of person marrying under Act
The Special Marriage Act, 1872 provides a legal framework for civil marriages in Bangladesh, allowing persons of any religion, caste, or nationality to marry without renouncing their faith. It applies throughout Bangladesh to marriages solemnised in civil form before a Marriage Registrar. The Act sets out conditions for a valid marriage: both parties must be of marriageable age, must not be within prohibited degrees of relationship, and must not have a living spouse. The marriage is solemnised after a notice period of 14 days during which any person may lodge an objection. Key mechanisms include the procedure for registration of marriages, the issuance of a marriage certificate, provisions for the registration of marriages already solemnised under other forms, and rules for the dissolution of marriage on grounds including adultery, cruelty, desertion, and conversion. Notable provisions include the recognition of marriages between persons of different religious backgrounds without requirement of conversion, the provision for divorce by mutual consent, and the legal effect of registration as conclusive proof of marriage. The Act does not apply to marriages already governed by Muslim personal law. It remains in force.