Court Marriage in Bangladesh 2026: Legal Process, Real Costs & Document Checklist

Strictly speaking, the phrase 'Court Marriage' does not exist as a statutory concept in Bangladesh legislation. Instead, it refers to a two-step legal procedure combining:

1. A formal Affidavit of Declaration and Mutual Consent sworn before a 1st Class Judicial Magistrate or Notary Public; and
2. Solemnization and registration under personal status laws (such as the Muslim Marriages and Divorces (Registration) Act 1974 or the Special Marriage Act 1872).

Both elements are necessary to achieve complete legal security and religious validity.

A widespread legal pitfall in Bangladesh is the belief that an affidavit stamped by a Notary Public constitutes a complete marriage. In landmark judgments, the High Court Division has repeatedly affirmed that a notary public holds no power to solemnize a marriage.

The affidavit serves merely as evidentiary proof of the parties' majority, mental sanity, and uncoerced consent. The substantive validity of the marriage springs solely from the statutory registration recorded in the official marriage register (Nikahnama).

Before initiating the court marriage process, couples must ensure the following documentation is intact:

• Proof of Majority: National ID Cards (Smart NID) or digital online birth certificates. The groom must be at least 21 years old and the bride at least 18 years old under the Child Marriage Restraint Act 2017.
• Passport Photographs: 3 to 4 passport-size photographs of both parties.
• Adult Witnesses: Two adult male witnesses (or one male and two females) holding valid National IDs.

Statutory government fees are prescribed by the Ministry of Law and Judicial Affairs:

• Non-Judicial Stamp Paper: BDT 300 government stamp for the affidavit.
• Notary Public Attestation: Standard fee between BDT 500 and BDT 1,000.
• Government Kazi Registry Fee: BDT 14 per thousand up to the first BDT 4,00,000 of Mahr (maximum BDT 5,600). For Mahr amounts above BDT 4,00,000, the fee is BDT 100 per additional BDT 1,00,000.
• Certified Nikahnama Extract: BDT 100 to BDT 300 for obtaining official certified copies.

The lawful execution follows three consecutive stages:

1. Drafting the Affidavit: A lawyer drafts the declaration of marriage on non-judicial stamp paper affirming free consent and sound mental state.
2. Execution before Magistrate / Notary: Both parties appear in person, verify identity through biometric NID checks, and swear the oath.
3. Nikah Registry Execution: The couple proceeds to an authorized Muslim Marriage Registrar, completes the 25-column Nikahnama, ensures Column 18 (delegated divorce rights) is executed, and receives the marriage certificate.

When bride and groom belong to different religious faiths (such as Hindu-Muslim or Muslim-Christian) and neither wishes to renounce their religion or undergo conversion, they can marry under the Special Marriage Act, 1872.

This requires a 14-day statutory notice period before the Special Marriage Registrar. The marriage creates full civil legality, and children born of such unions have full inheritance rights under civil property statutes.

A common hazard following court marriage is that aggrieved relatives file a First Information Report (FIR) alleging abduction under Sections 7 or 8 of the Prevention of Women and Children Repression Act 2000 (Nari O Shishu Nirjaton Daman Ain).

Protective Legal Strategy:

• Promptly record a General Diary (GD) enclosing certified copies of the Nikahnama and Notary Affidavit at the local police station.
• If an FIR is initiated, the bride should appear voluntarily before the Cognizance Magistrate under Section 22 / 164 CrPC to record her voluntary statement confirming her lawful marriage and majority.

Yes. If both parties have attained legal adulthood (male 21, female 18), they possess the absolute constitutional right to marry without parental permission.

If documents and adult witnesses are ready, the entire process—including affidavit execution and Nikah registration—is typically completed within 2 to 4 hours.

Yes, under the Special Marriage Act 1872, individuals of different faiths can lawfully marry without religious conversion.