Muslim Marriages Act: Gauhati High Court seeks Dispur’s response

Staff Reporter

Guwahati: The Gauhati High Court has sought a response from the state government in a case challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. The state government has been directed to file an affidavit regarding this by June 22.

A division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a writ petition filed by the All Assam Muslim Marriage and Divorces Registrar and Kazi Association in which the petitioners pointed out that the repeal of the marriage and divorces act has led to a vacuum, with no law governing Muslim marriages or divorces in existence at present. The counsel for the petitioner voiced the concern that child marriages may increase in such a situation.

It should be noted that the Assam Muslim Marriages and Divorces Registration Act of 1935 was repealed by an ordinance passed by the Assam government on March 15, 2024. The decision to repeal the Act was taken in a cabinet decision on February 23, 2024. The move was aimed ostensibly at halting child marriages among the Muslim population in Assam.

An interim order on the matter was sought by the petitioners today to enable them to conduct marriages between men and women of legal age and also for divorces, but the HC bench refused to oblige, citing the Model Code of Conduct now in force on account of the ongoing Lok Sabha elections.

The bench asked the respondents, primarily the state government, to file an affidavit outlining the action being taken to replace the Assam Muslim Marriages and Divorces Registration Act of 1935 by June 22, when the matter will come up for hearing next. 

 Also Read: Minority body hails repeal of Muslim Marriages Act in Assam (sentinelassam.com)

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