{ "id": 13617, "slug": "assam-moslem-marriages-and-divorces-registration-act-1935", "title": "Assam Moslem Marriages and Divorces Registration Act, 1935", "short_title": "Assam Moslem Marriages and Divorces Registration Act, 1935", "act_number": "(Assam Act No. 9 of 1935)", "act_year": 1935, "act_type": "STATE", "location": "Assam", "law_status": "unknown", "enactment_date": null, "description": "Assam Moslem Marriages and Divorces Registration Act, 1935", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short Title Commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Extent Interpretation.", "chapter": null, "content": "(1) \"Inspector General of Registration and \"Registrar\". - \"Inspector General of Registration and \"Registrar\" respectively mean the officers so designated and appointed under the Indian Registration Act, 1908, (Act XVI of 1908.) or other law for the tim being in force for the registration of documents.\n(1) \"Inspector General of Registration and \"Registrar\".\n(2) Moslem Registrar. - \"Moslem Registrar\" means any person who is duly authorised under this Act to register Moslem marriages and divorces.\n(2) Moslem Registrar.\n(3) \"District\". - \"District\" means a district formed under the provisions of the Registration Act, 1908.\n(3) \"District\".\n(4) \"Pardauasheeri\". - \"Pardauasheeri\" designates a woman who according to custom objects to appear in a public office.\n(4) \"Pardauasheeri\".", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Local Government may grant Licenses to register.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Moselem Registrar to use seals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Government to provide seal and books.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Moslem Registrar to keep registers.", "chapter": null, "content": "Book I. - Register of marriages, in the Form (A) contained in the Schedule I to this Act.\nBook II. - Register of divorces other than those of the kind known as \"Khula\" in the Form (B) contained in the Schedule II to this Act.\nBook III. - Register of divorces of tho kind known as \"Khula\" in the Form (C) contained in the Schedule III to this Act.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Entries to be numbered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Applications by whom to be made.", "chapter": null, "content": "(1) If the application be foe the registration of a marriage - by the parties to the marriage jointly provided that if the bridegroom or the bride, or Doth, be minors, application shall be made on their behalf by their respective lawful guardians : and provided further that, if the bride be par-danasheen, such application may be made on her behalf by her duly authorised Vakil;\n(2) If the application be for the registration of u divorce other than of the kind known as Khula- by the man who has effected the divorce;\n(3) If the application be for the registration of a divorce of the kind known as Khula-by the parties jointly : provided that if the woman be par-danasheen, such application may be made on her behalf by her duly authorised Vakil or lawful guardian.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Duties of Moslem Registrar on application.", "chapter": null, "content": "(a) satisfy himself whether or not such marriage or divorce was effected by the person or persons by whom it is represented to have been effected j\n(b) satisfy himself as to the identity of the person appearing before him and alleging that the marriage or divorce has been effected;\n(c) in the ease of any person appearing as representative of the man or woman (whether he appears as guardian or Vakil) satisfy himself of the right of such person to appear.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Entries by whom to be signed.", "chapter": null, "content": "(a) If the entry he of a marriage in a register in the form (A) contained in the Schedule I to this Act-\n(1) by the parties to the marriage, or, i either or both of them be minors, by their lawful guardians respectively :\n(2) by two witnesses who were present at the marriage ceremony ;\n(3) in cases in which the woman is represented by a Vakil by two witnesses to the fact of the Vakil having been duly authorised to represent her ;\n(4) by the Moslem Registrar;\n(b) If the entry be of a divorce other than the kind known as Klin la in a register in the form (B) contained in the Schedule II to this Act-\n(1) by the man who has effected the divorce ;\n(2) by the witness who identifies the man who has effected the divorce ;\n(3) if the man be of the Shia sact, by two witnesses to the divorce being effected ;\n(4) by the Moslem Registrar;\n(c) If t e entry be of a divorce of the kind knitren as At In i» » register in (he form (C) contained in the schedule 111 to this Act-\n(1) by the parties to the Khula, provided that, if the woman be paidanasheen, the entry may be signed on her behalf by her duly authorised Vakil or lawful guardian ;\n(2) by the person who identifies the man ;\n(3) by the person who identifies the woman;\n(4) if the application for registration has been made by a Vakil on behalf of the woman, by two witnesses to the fact of the Vakil having been duly authorised to represent her ;\n(5) if the man be of the Shia sect, by two witnesses to the divorce being effected;\n(6) by the Moslem Registrar.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Copies of entry to be given to parties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Index to be kept.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Partlenisrs be shown index.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Index may be inspected and copies of entries in registers taken.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Fees for searches and copies.", "chapter": null, "content": "(1) for every search or permission to search in any index or register under his charge-four annas ;\n(2) for every certified copy of any entry in a register ether than the hrst copy referred to in section 11 of this Act- one rupee.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Moslem Registrars to be subject to control of District Registrars.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Powers of Local Governments to make rules.", "chapter": null, "content": "(a) for determining the qualifications to be required from persons to whom licences under section 8 of this Act may be granted ;\n(b) for regulating the attendance of Moslem Registrars nt the celebration of marriages, and their remuneration for such attendance ;\n(c) for regulating the servant of copies by registrars and Moslem Registrars ;\n(d) for regulating the payment by tho Moslem Registrars of the cost of tho seaL, forms of registers, stationery and any other articles which may be supplied to them by Government;\n(e) for regulating tho application of the foes levied by Registrars of Districts and by Moslem Registrars under this Act; and\n(f) for regulating such other matters as appear to Government necessary to effect the purposes of the Act. The Local Government may, from time to time, cancel or alter any such rules :", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Inspector General of Registration to exercise general superintendence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Refusal to register to be recorded.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Appeal against refusal to register.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Copies of entries to be sent monthly to Registrar of district.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Registers to be given up.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Moslem Registrar to be a public servant.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Saving Clause.", "chapter": null, "content": "(a) render invalid merely by reason of its not having been registered any Modem marriage or divorce which would otherwise be valid;\n(b) render valid, by reasons of its having been registered,any Moslem marriage or divorce which would otherwise be invalid ;\n(c) authorize the attendance of any Moslem Registrar at the celebration or dissolution of a marriage or divorce except at the request of all the parties concerned;\n(d) affect the religion or religious rite* and usages of any of His Majesty'* subjects in India;\n(e) prevent any person, who is unable to write, from putting his mark, instead of the signature required by this Act.\n25.\nSchedule I.\n[ See Sections C and 10.]\nForm (A)-Book I.\nForm (A)-Book I.\nRegister of Marriages.\nRegister of Marriages.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "1", "title": "1. Consecutive Number.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "2", "title": "2. Name of the bridegroom and that of his father, with their respective residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "8", "title": "8. Name of the bride and that of her father, with their respective resi' deuces.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "4", "title": "4. Whether the bride is a spinster, a widow, or divorced bv a former husband, or she herself divorced her husband, whether she is adult or otherwise.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "5", "title": "5. Name of the guardian of the bridegroom (if the bridegroom be * minor) and that of the guardian's father, with specification of the guardian 5 residence, and of relationship in which he stands to the bridegroom.", "chapter": null, "content": "6 Name of guardian of the bride (if she be a minor) and that of her father, with specification of his residence and the relationship in which he stands to the bride.\n7 Name of the bride's Vakil, and of his father and their residences, with specification of the relationship in which tho Vakil stands to the bride.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "8", "title": "8. Names of the witnesses to the due authorization of the bride's Vakil, with names of their fathers, and residences and specification of relationship in which they stand to the bride.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "9", "title": "9. Date of marriage.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "10", "title": "10. Amount of dower. How much is muwajjal (prompt) and how much is muwajjal (deferred).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "11", "title": "11. Whether any portion of the dower was paid at the moment. If so, how much and how ?", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "12", "title": "12. Whether any property was given in lieu of the whole or any portion of the dower, with specification of the same.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "18", "title": "18. Special conditions, if any.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "14", "title": "14. Names of village or town, police jurisdiction, and district in which the marriage took place.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "15", "title": "15. Name of the person in whose house the marriage ceremony took place, and that of his father with his residence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "16", "title": "16. Date of registration.", "chapter": null, "content": "Note. - Columns 5 and 6 will be blank if the bride and bridegroom, respectively, are not represented by guardians and columns 7 and 8 will be blank when the bride is not represented by a Vakil.\nNote.\nSchedule II.\n[ See Sections 6 and 10.]\nForm (B)-Book II.\nForm (B)-Book II.\nRegister of divorces other than those of the kind known as Khula,\nRegister of divorces other than those of the kind known as Khula,", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "1", "title": "1. Consecutive number.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "2", "title": "2. Name of the husband and of his father and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "3", "title": "3. Names of the wife and of her father, and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "4", "title": "4. Date of divorce.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "5", "title": "5. Description of divorce", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "6", "title": "6. Manner in which the divorce was effected,", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "7", "title": "7. Names of the village or town, police jurisdiction, and district in which the divorce took place.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "8", "title": "8. Name of the person in whose house the divorce took place and of his father with residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "9", "title": "9. Names of witnesses to the divorce, if any, the names of their father and their respective residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "10", "title": "10. Name of the person identifying the husband before the Moslem Registrar and that of his father, and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "11", "title": "11. Date of registration.", "chapter": null, "content": "Schedule III.\n[ See Sections 6 and 10.]\nForm (C)-Book III.\nForm (C)-Book III.\nRegister of divorces of the kind known as Khula.\nRegister of divorces of the kind known as Khula.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "1", "title": "1. Consecutive number.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "2", "title": "2. Name of the husband and that of his father, and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "3", "title": "3. Name of the wife and that of her father, and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "4", "title": "4. Date of Khula.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "5", "title": "5. Amount of dower.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "6", "title": "6. Whether Khula was acknowledged by the wife in person before the Moslem Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "7", "title": "7. If so, name of the party identifying her before the Moslem Registrar, and that of her father and their residences with specification of the -relationship which he bears to her, if any.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "8", "title": "8. If the Khula be acknowledged before the Moslem Registrar, by the wife's guardian, his name and that of his father and their residences with 1 specification of the relationship which tho guardian bears to the wife.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "9", "title": "9. Names of the two witnesses to the duo authorization of the wife's Vakil and those of then fathers, with their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "10", "title": "10. Name of village or town, police jurisdiction, a id district where the Khula took place.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "11", "title": "11. Name of the person in whose house the Khula took place and that of his father.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "12", "title": "12. Names of the witnesses, if any to the divorce being effected, the names 'of then fathers and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "13", "title": "13. Name of the person identifying the husband and that of his father, and their residences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "14", "title": "14. Date of registration.", "chapter": null, "content": "Note. - Column 8 will be blank if the woman is not represented by a Va il.\nNote.\nSchedule IV.\nTable or fees.\nTable or fees.\n[ See Section 9.]\nRs.\na.\nP-\nWhen the dower does not exceed Rs. 50 …......\n0\n12\n0\nWhen the dower exceeds Rs. 50 but does not\n\t\t\t\texceed Rs. 100…......\n1\n0\n0\nWhen tho dower exceeds Rs 100 but does not\n\t\t\t\texceed Rs. 250…......\n1\n8\n0\nWhen t o dower exceeds Rs. 250 but does not\n\t\t\t\texceed Rs. 500…......\n2\n0\n0\nWhen the dower exceeds Rs 500 but does not\n\t\t\t\texceed Its. 1,000…......\n3\n0\n0\n\"For every additional Rs- 1.000 or part\n\t\t\t\tthereof\n1\n8\n0\nFor a divorce of any kind…......…......…......\n1\n0\n0", "footnote": "", "is_definition": false, "sort_order": 62 } ], "metadata": { "Act ID": "Last Updated 13th February, 2020 [ass358]", "Act Number": "(Assam Act No. 9 of 1935)", "Enactment Date": "", "Act Year": "1935", "Short Title": "Assam Moslem Marriages and Divorces Registration Act, 1935", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:55:18" }