Registration of Muslim Marriages – India

The general principle adopted by the Indian courts so far is the direct and indirect evidence for the presumption of marriage on the basis of section 114 Indian Evidence Act, 1872.

Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh have provided for compulsory registration of Muslim marriages. Assam, Bihar, West Bengal, Orissa and Meghalaya have provided for voluntary registration of Muslim marriages. In Uttar Pradesh there is a policy providing for compulsory registration of marriages by the Panchayats.

Jammu and Kashmir has adopted a law that provides for registration within 30 days from the nikahnama signature. This law does not seem to be enforced though.

Under the Special Marriage Act, 1954, which applies to Indian citizens irrespective of religion, marriages can be registered by the Marriage Officer but registration is not compulsory.

Precedents:

Mohammed Amin vs Vakil Ahmed AIR 1952 SC 358, Abdul Rasak vs Aga Mahomed Jaffer 31 Ind App. 56 (P.C.), Ghasanfar Ali Khan vs Kaniz Fatima 87 Ind. App. 105 (P.C.), Gokal Chand vs Parveen Kumari AIR 1952 SC 231, Badri Prasad vs Deputy Director of Consolidation AIR 1978 SC 1557).

But Smt. Seema vs Ashwani Kumar, (2006) 2 SCC 578 directed for compulsory marriage registration.

See also Smt. Seema vs Ashwani Kumaron 25 October, 2007

Related Statutes:

Assam Moslem Marriages and Divorce Registration Act, 1935

Orissa Muhammadan Marriages and Divorce Registration Act, 1949

Bengal Muhammadan Marriages and Divorce Registration Act, 1876


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