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How to Obtain Kabinnama When Husband Refuses to Provide It

Answer:
If your husband is refusing to give you the Kabinnama (marriage certificate) and is claiming that the police will catch him, there are legal steps you can take to address this situation:

1. Understanding the Kabinnama Issue

  • The Kabinnama is a legally binding document that officially registers a marriage. If your marriage was conducted legally by a Kazi (religious officiant), then the Kabinnama should already exist, and you have a legal right to access it.
  • If your husband is claiming that the marriage is not valid because of the age issue, you should check the marriage age laws in Bangladesh. Under Bangladeshi law, a person must be at least 21 years old for a man and 18 years old for a woman to get married. If your husband was underage at the time of the marriage, that could be a legal issue. However, if your marriage was registered by a Kazi, it is likely that the marriage is still recognized legally, but you may need to clarify the situation.

2. Requesting the Kabinnama

  • Contact the local union council or the Kazi office where the marriage was registered. If the marriage was registered and you are a party to it, you can request a copy of the Kabinnama directly from the Kazi’s office.
  • If your husband is refusing to provide it and claims that there is an issue with his age, you can still obtain the Kabinnama from the local registry office where the marriage was documented. Marriage records are kept by the union council or the Kazi’s office.

3. Legal Action

  • If your husband is refusing to give you the Kabinnama, you can take legal action. You can file a case in the Family Court or approach the local union council to request the Kabinnama.
  • If your husband’s refusal to provide the Kabinnama is obstructing your rights, you can seek legal assistance from a lawyer who can help you with the process of retrieving the marriage certificate.

4. Possible Legal Implications for Underage Marriage

  • If your husband is claiming that the marriage is invalid due to his underage status, this could be a violation of Bangladeshi law, which mandates the legal age for marriage. In this case, you can seek legal clarification from a family lawyer who can assist in determining whether the marriage is legally valid despite the age issue.
  • Even if the marriage was registered, if it turns out to be illegal due to age, the marriage could be annulled. However, this will require intervention from the Family Court.

5. What to Do Now

  • Step 1: Approach the Kazi’s office or union council where the marriage was registered and request a certified copy of the Kabinnama.
  • Step 2: If your husband refuses to cooperate, consult a lawyer to file a petition in Family Court for the release of the Kabinnama.
  • Step 3: Clarify the legal age issue and whether the marriage was conducted legally under Bangladeshi law. If needed, a lawyer can guide you through the process.