Assam first state to clear Muslim marriage, divorce registration Bill

Tribune News Service

New Delhi, August 29

BJP-ruled Assam on Thursday became the first state in the country to mandate registration of Muslim marriages and divorces, in what it described as a move to "completely prohibit child marriages in the state."

The Assam Compulsory Registration of Muslim Marriages and Divorces Bill 2024, passed by the state Assembly today, provides for appointment of marriage and divorce registrars for registration of marriages and divorces with the existing system of registrations by Qazis passe.

Assam Chief Minister Himanta Biswa Sarma, while terming the day historic, clarified that earlier registrations of Muslim marriages by Qazis would remain valid.

The statement of intent of the Bill lists seven purposes — prevention of child marriages and ensuring minimum age of marriage for males at 21 years and females at 18 years; prevention of marriages without the consent of both parties; checking polygamy; enabling married women to claim their rights to live in matrimonial house and seek maintenance; enabling widows to claim inheritance rights and other benefits and privileges that they are entitled to after the death of their husband; deterring men from deserting women after marriage; and strengthening the institution of marriages.

Section 3 of the Bill lays down conditions for the registration of Muslim marriages and says any Muslim marriage solemnised in Assam, before or after the commencement of the Act (other than a marriage solemnised under the Special Marriage Act, 1954) will have to be registered.

This section adds that marriage registration will be compulsory if parties of the marriage have completed 18 years of age in case of girls and 21 years in case of boys and if the marriage is by the free will of both. This means child marriages will be prohibited.

The Bill prescribes jail up to one year and fine up to

Rs 50,000 for violation of registration conditions. It also gives powers to the marriage and divorce registrar to refuse registration of marriages if he/she records the reasons in writing, besides reporting minor marriages to the child marriage prohibition officers.

Objections can be made to any notice of marriage registration within 30 days of issuance and those dissatisfied with the decision of the marriage and divorce registrar can appeal to the district registrar and further to the registrar general of marriage.