The Assam Legislative Assembly on Thursday passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024..The Bill mandates registration of marriages and divorces for Muslims in the State "to protect the rights of married Muslim women and man for matters connected therewith or incidental."Assam Chief Minister Himanta Biswa Sarma described the day as "historic" for the State."This Act will now make it mandatory to register marriages with the Govt and cannot contravene the legal age of marriage of 18 years for girls and 21 years for boys. It will also act as a strict deterrent against teenage pregnancy and improve overall growth of our girls," he tweeted on X..As per the statement of objects and reasons of the Bill, the legislation was introduced to:- Prevent child marriage- Prevent non-consensual marriages- Check polygamy- Enable married women to claim their rights to maintenance, live in the matrimonial home etc- Enable widows to claim inheritance rights on the death of their husbands- Deter men from deserting their wives- Strengthen the institution of marriage..The Bill seeks to abolish the Qazi system, in which clerics traditionally registered Muslim marriages. Under the new law, all marriages will now be registered with the government.As per Section 3, the parties to such marriages must have completed 18 years for women and 21 years for men on the date of solemnisation of the marriage.When a marriage is solemnised or intended to be solemnised, the parties must give a notice to the Marriage and Divorce Registrar of the district.Any person can object to the marriage within 30 days of such notice being given. On receiving such objection, the Marriage and Divorce Registrar shall not register the marriage until he has inquired into the objection, or if the objection is withdrawn by the person who made it.If either party to the marriage is unsatisfied with the Marriage and Divorce Registrar's decision, they may appeal to the District Registrar and then the Registrar General of Marriage.The Marriage and Divorce Registrar is granted wide discretion to refuse registration of marriages, provided he gives reasons in writing for the same.Section 12 of the Bill outlines the process for registering divorces, requiring an application to be submitted to the registrar. Section 18 specifies penalties of upto two years in jail and/or fine of ₹10,000 for issuing false certificates. Whoever registers a marriage in contravention of the Act shall be punished with imprisonment of upto one year in jail and/or fine of ₹50,000.Section 25 grants the State government the authority to establish rules regarding the registration process..The present Bill replaces the Assam Moslem Marriages and Divorces Registration Act, 1935, which was repealed by the Sarma-led BJP government on the purported ground that it facilitates the practice of child marriage.The repealing Bill was introduced in the State Assembly on August 22..[Read Bill]
The Assam Legislative Assembly on Thursday passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024..The Bill mandates registration of marriages and divorces for Muslims in the State "to protect the rights of married Muslim women and man for matters connected therewith or incidental."Assam Chief Minister Himanta Biswa Sarma described the day as "historic" for the State."This Act will now make it mandatory to register marriages with the Govt and cannot contravene the legal age of marriage of 18 years for girls and 21 years for boys. It will also act as a strict deterrent against teenage pregnancy and improve overall growth of our girls," he tweeted on X..As per the statement of objects and reasons of the Bill, the legislation was introduced to:- Prevent child marriage- Prevent non-consensual marriages- Check polygamy- Enable married women to claim their rights to maintenance, live in the matrimonial home etc- Enable widows to claim inheritance rights on the death of their husbands- Deter men from deserting their wives- Strengthen the institution of marriage..The Bill seeks to abolish the Qazi system, in which clerics traditionally registered Muslim marriages. Under the new law, all marriages will now be registered with the government.As per Section 3, the parties to such marriages must have completed 18 years for women and 21 years for men on the date of solemnisation of the marriage.When a marriage is solemnised or intended to be solemnised, the parties must give a notice to the Marriage and Divorce Registrar of the district.Any person can object to the marriage within 30 days of such notice being given. On receiving such objection, the Marriage and Divorce Registrar shall not register the marriage until he has inquired into the objection, or if the objection is withdrawn by the person who made it.If either party to the marriage is unsatisfied with the Marriage and Divorce Registrar's decision, they may appeal to the District Registrar and then the Registrar General of Marriage.The Marriage and Divorce Registrar is granted wide discretion to refuse registration of marriages, provided he gives reasons in writing for the same.Section 12 of the Bill outlines the process for registering divorces, requiring an application to be submitted to the registrar. Section 18 specifies penalties of upto two years in jail and/or fine of ₹10,000 for issuing false certificates. Whoever registers a marriage in contravention of the Act shall be punished with imprisonment of upto one year in jail and/or fine of ₹50,000.Section 25 grants the State government the authority to establish rules regarding the registration process..The present Bill replaces the Assam Moslem Marriages and Divorces Registration Act, 1935, which was repealed by the Sarma-led BJP government on the purported ground that it facilitates the practice of child marriage.The repealing Bill was introduced in the State Assembly on August 22..[Read Bill]
