Assam Muslim Marriages to be Registered Only by Licensed Officials: HC

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GUWAHATI — The Gauhati High Court has directed that only the persons authorised by the government under the Assam Moslem Marriages and Divorces Registration Act, 1935 will issue marriage registration certificates for Muslims in Assam.

“…the Assam Moslem Marriages and Divorces Registration Act, 1935 is a self-contained Act dealing with most of the facets of registration of a marriage. Thus, registration by the licensed Moslem Registrars is an important statutory process which cannot allowed to be trivialised and this function cannot be allowed to be usurped by unauthorised persons. These unlicensed persons may devise their own methods of registration and issuing certificates unknown to law and thus not accountable under the law, yet these certificates may resemble or can be mistaken to be certificates issued by the licensed Moslem Registrars. Since, no one else has been authorised to register any Muslim marriage or to issue any marriage certificate, to that extent, no one else can perform these exercises,” LiveLaw.in quoted the single judge bench of Justice N. Kotiswar Singh.

Section 3 of the Act provides that the State Government may grant licence to any person being a Muslim, authorizing him to register Muslim marriages and divorces.

The order was passed by the High Court on November 22.

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