GUWAHATI: The BJP-led govt launched a new invoice within the meeting on Tuesday, proposing obligatory registration of Muslim marriages and divorces, which, it states, will assist in stopping marriages of minors and curbing polygamy and strengthen the establishment of marriages.
Assam Obligatory Registration of Muslim Marriage and Divorces Act, 2024, will substitute the Muslim Marriages and Divorces Act of 1935 that allowed baby marriages and was silent on polygamy.The British-era regulation has already been repealed by an ordinance in March and final Thursday the govt. tabled the invoice to repeal this regulation.
As soon as the regulation comes into drive, marriages should be registered solely after fulfilling six situations, which requires the couple to be residing collectively as husband and spouse because the solemnization of their marriage, they’ve been residing inside the district of the wedding and divorce registrar for at the very least 30 days previous the date of marriage, accomplished 18 years of age in case of ladies and 21 one years in case of boys on the date of solemnization of the wedding.
The opposite situations state the wedding has been solemnized on free consent of each the events, and neither the husband or spouse is incompetent or insane or of unsound of thoughts on the time of solemnization of marriage and each are free from any sort of authorized incapacity i.e., the events shall not be inside the prohibited diploma of relationship as per Shariat or Muslim regulation. The applying of marriage should be accompanied by paperwork proving the id of the couple, their ages and place of residence.
For both solemnized or supposed marriage, the married couple or bride and bridegroom should declare their standing whether or not they have been single, divorced or widow or widower on the time of marriage. This provision was additionally not there within the earlier regulation.
The invoice additionally proposes prevention of marriages with out the consent of the events and states that when applied as a regulation, it’ll allow “married girls to say their rights to stay within the matrimonial home, upkeep and many others.”
The proposed regulation will allow widows to say their inheritance rights and different advantages after the loss of life of their husbands, desist males from deserting girls after marriage and strengthen the establishment of marriages.
Assam Obligatory Registration of Muslim Marriage and Divorces Act, 2024, will substitute the Muslim Marriages and Divorces Act of 1935 that allowed baby marriages and was silent on polygamy.The British-era regulation has already been repealed by an ordinance in March and final Thursday the govt. tabled the invoice to repeal this regulation.
As soon as the regulation comes into drive, marriages should be registered solely after fulfilling six situations, which requires the couple to be residing collectively as husband and spouse because the solemnization of their marriage, they’ve been residing inside the district of the wedding and divorce registrar for at the very least 30 days previous the date of marriage, accomplished 18 years of age in case of ladies and 21 one years in case of boys on the date of solemnization of the wedding.
The opposite situations state the wedding has been solemnized on free consent of each the events, and neither the husband or spouse is incompetent or insane or of unsound of thoughts on the time of solemnization of marriage and each are free from any sort of authorized incapacity i.e., the events shall not be inside the prohibited diploma of relationship as per Shariat or Muslim regulation. The applying of marriage should be accompanied by paperwork proving the id of the couple, their ages and place of residence.
For both solemnized or supposed marriage, the married couple or bride and bridegroom should declare their standing whether or not they have been single, divorced or widow or widower on the time of marriage. This provision was additionally not there within the earlier regulation.
The invoice additionally proposes prevention of marriages with out the consent of the events and states that when applied as a regulation, it’ll allow “married girls to say their rights to stay within the matrimonial home, upkeep and many others.”
The proposed regulation will allow widows to say their inheritance rights and different advantages after the loss of life of their husbands, desist males from deserting girls after marriage and strengthen the establishment of marriages.
