The High Court has directed the government to digitalize the registration of marriage and divorce, ordering that all citizens must be ensured access to the resulting system.
A High Court bench comprising Justice Fahmida Quader and Justice Mohammad Asif Hasan delivered the verdict on Thursday following the final hearing on a previously issued rule.
Advocate Ishrat Hasan argued for the writ petition, assisted by Advocate Tanzila Rahman.
In its observations, the court said the current system does not allow effective verification of marriage and divorce records, undermining family stability and, in many cases, creating complications regarding the legitimacy of children. The absence of a functional digital database creates opportunities for fraud, violating citizens’ dignity and fundamental rights under Articles 31 and 32 of the Constitution.
The verdict stated that although relevant laws exist, the authorities have failed to establish a complete, operational, and effective digital system. The court therefore ordered that all marriage and divorce records must be mandatorily registered through a digital process, with all data secured within the government system.
The database must be fully functional and accessible so citizens—particularly women—can verify information and obtain digital copies with ease. The authorities were instructed to submit a compliance report promptly.
Speaking about the ruling, Advocate Ishrat Hasan said mandatory digital registration will be a landmark step in preventing fraud. The long-standing paper-based system allowed individuals to conceal previous marriages or divorces, enabling new marriages through deception and causing severe personal, social, and psychological consequences.
She said the decision will strengthen family security, protect women, prevent child marriage, improve legal transparency, and significantly curb fraud in marriage and divorce. Digital registration, she added, will reduce issues such as secret marriages, hidden polygamy, suppressed marital histories, and the difficulty of proving divorce—ultimately safeguarding citizens’ dignity, ensuring justice, and restoring social trust.
On March 4, 2021, Advocate Ishrat Hasan filed the writ on behalf of four victims, challenging the longstanding mismanagement and fraud surrounding marriage and divorce.
The petition argued that without a central digital database, it is nearly impossible to verify previous marriages or divorces, enabling widespread deception.
Following the writ, the High Court issued a rule on 22 March 2021 asking why a central website for digital registration should not be created. The verdict was delivered after hearing that rule.
