Assam Govt Passes Bill to Mandate Registration of Marriages and Divorces of Muslims

Guwahati: The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024 was passed in the Assam Legislative Assembly on Thursday. This new bill makes the registration of all marriages and divorces compulsory for people belonging to the Muslim Community in the state. 

Assam Chief Minister Himanta Biswa Sarma called the day "historic" for the state adding that “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 the overall growth of our girls."

Some of the key reasons behind this new legislation as put by the state government include preventing child marriages, preventing non-consensual marriages, checking polygamy, enabling married women to claim their rights to maintenance- live in the matrimonial home etc, enabling widows to claim inheritance rights on the death of their husbands, deterring men from deserting their wives and strengthening the institution of marriage.

This new legislation also aims to remove the existing Qazi system of marriages wherein the clergy of the community register the marriages as now the same will be registered with the government. It also mentions the minimum marriageable age for both males and females for registration of the marriage. 

When a marriage is solemnised or intended to be solemnised under this new legislation, 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and Divorce Registrar shall not register the marriage until he has inquired into the objection, or if the objection is withdrawn by the person who made it.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.

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