Legal Remedies for the Cheated

The case involving cricketer Nasir Hossain and Tamima Sultana drew renewed attention to the legal consequences of a second marriage while an earlier marriage allegedly remains subsisting. Tamima’s first husband, Rakib Hasan, filed a case alleging that she married Nasir without legally dissolving their marriage. 

For Muslims in Bangladesh, marriage and divorce are governed by Muslim personal law, while related criminal offences may attract the Penal Code, 1860. Islam prohibits a woman from marrying another man while her existing marriage subsists; she must first obtain a valid divorce and complete the prescribed iddat period. A woman may seek dissolution through talaq-e-tafweez where that right is delegated under Clause 18 of the Kabinnama, or through the Family Court where it is not. Under the Muslim Family Laws Ordinance, 1961, divorce generally takes effect 90 days after written notice is served on the competent local authority, with a copy to the other spouse and an Arbitration Council constituted for reconciliation. If the wife is pregnant, the divorce takes effect after 90 days or the end of pregnancy, whichever is later.

Legal remedy for the aggrieved first husband
If she deliberately conceals the existing marriage from the man she subsequently marries, Section 495 may also apply, carrying up to 10 years’ imprisonment and a fine. Depending on the facts, false information or deception may further attract Sections 415 and 420 relating to cheating.

Section 494 provides a limited exception where the former husband has not been heard of as alive for seven years or more, provided the woman discloses the true facts to the person she subsequently marries. The exception does not apply merely because seven years have passed; all statutory conditions must be fulfilled.

For the aggrieved second husband, the remedy can be stated more directly:
If the second husband discovers that the woman concealed her existing marriage before marrying him, he may seek legal remedies for concealment, cheating and fraud. Depending on the facts, he may lodge a complaint with the police or institute a case before the competent court against the woman and any person who knowingly assisted in the deception. He should preserve the marriage certificate, Kabinnama, communications, identity documents and other evidence establishing that the previous marriage was concealed. Where appropriate, he may also seek a declaration or other relief from the competent court concerning the legal status of the subsequent marriage.