Assam: Gauhati High Court gives August 1 date for government to file affidavit

Repeal of Assam (Muslim) Marriage and Divorce Act

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Kardak Ete has given the last chance to the Assam government to file its affidavit by August 1, 2024, in connection with the repeal of the Assam (Muslim) Marriage and Divorce Act, 1935.

Earlier, the High Court asked the State Government to file its affidavit by June 22, 2024. However, the government missed the date.

The bench issued this order on June 24, 2024, when it heard the writ petition filed by the All Assam Kazi Association challenging the repeal of the Assam (Muslim) Marriage and Divorce Act, 1935. 

On February 24, 2024, the State Cabinet took the decision to repeal the Assam (Muslim) Marriage and Divorce Act, 1935.  Raj Bhawan also issued an ordinance in this regard later.

Besides challenging the repeal of the Act, the Kazi Association appealed to the Court to issue an order to the government to make an interim arrangement for marriage and divorce registration during the period between the repeal of the Act and the enactment of a new Act. The High Court then refrained from issuing any interim order as the Model Code of Conduct for the general election was in force in the state at the time of the hearing.

The state government’s main objective in repealing the Act was to put an end to child marriage among the Muslim community in the state. The repealed Act had provisions for marriage registration of underage girls and boys.

After the repeal of the Act, the state government stated that this was the first step on the road to a uniform civil code (UCC) in the state. For now, Muslim marriage will still be governed by the Muslim Personal Law.

The repealed Act was amended in 2010, replacing the word ‘voluntary’ in the original Act with ‘compulsory’ in making registration of Muslim marriage and divorce in the state of Assam.

Also Read: Child marriage foiled, groom arrested in Karimganj district of Assam (sentinelassam.com)

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