Writ petition filed at High Court seeking mandatory disclosure of marital history in Kabinnama to prevent fraud
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A petition was filed with the High Court on Tuesday seeking mandatory inclusion of a bride and groom’s marital history, including prior marriages, existing spousal status, and information regarding children, in the marriage registration deed, known as the Kabinnama. The move aims to prevent deception and the suppression of critical information during the marriage process.
Supreme Court lawyer Ishrat Hasan filed the writ petition, requesting the court to direct the relevant authorities to amend the existing marriage registration form. The petition seeks to make it compulsory to disclose a prospective spouse’s national identity card number, birth registration, or passport details, alongside comprehensive data on previous or current marriages, existing children, ongoing maintenance obligations, and legal guardianships.
The petitioner argues that the current Marriage Registration Form, officially designated as Form 1601 or Form Gha, fails to provide an effective mechanism for disclosing or verifying a person’s marital and legal background. While the existing form mandates some information regarding a groom’s current wife and the required permission from an arbitration council, it lacks a comprehensive requirement for both parties to declare previous divorces, past spouses, or existing parental responsibilities.
According to the petition, the absence of these mandatory disclosures facilitates fraud and leads to increased family conflict. The current system deprives individuals of the right to make informed decisions before entering into a marriage, while simultaneously threatening the legal rights of existing spouses and children.
The petition asks the High Court to issue a rule calling upon the respondents to explain why the failure to update and amend the Kabinnama should not be declared illegal. It further seeks an order compelling the government to take immediate, effective steps to revise the form to ensure transparency and accountability.
The writ names the secretaries of the Law and Justice Division and the Legislative and Parliamentary Affairs Division of the Ministry of Law, along with the Inspector General of Registration, as respondents. According to lawyer Ishrat Hasan, the High Court is expected to hold a hearing on the matter next week.
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