1974

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Muslim Marriages and Divorces (Registration) Act, 1974

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The Muslim Marriages and Divorces (Registration) Act, 1974 regulates the registration of marriages and divorces among Muslims in Bangladesh. It applies to all Muslim marriages solemnised and divorces effected within the territory and makes registration compulsory. The Act appoints Nikah Registrars at the union, municipality, and city corporation level to perform and register marriages and to record divorces. Key mechanisms include the requirement that every marriage be registered immediately after solemnisation by the Nikah Registrar, the requirement that every divorce be notified to the Registrar who maintains a record, the issuance of marriage and divorce certificates as primary evidence of marital status, and the maintenance of permanent registers by the Registrar. Notable provisions include the formal recording of the dower amount in the marriage register and the preservation of divorce deeds. Failure to register a marriage or notify a divorce is a criminal offence punishable with fines. The Act remains in force and is central to the personal status documentation system for Muslims in Bangladesh.

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§ 1Short title and application

(1)This Act may be called the
Muslim Marriages and Divorces (Registration) Act, 1974
.

(2)It applies to all Muslim citizens of Bangladesh wherever they may be.

§ 2Definitions

In this Act, unless there is anything repugnant in the subject or context,-
(a) “Inspector-General of Registration” and “Registrar” respectively mean the officers so designated and appointed under the
Registration Act, 1908
(XVI of 1908);
(b) “prescribed” means prescribed by rules made under this Act.

§ 3Registration of marriages

Notwithstanding anything contained in any law, custom or usage, every marriage solemnized under Muslim law shall be registered in accordance with the provisions of this Act.

§ 4Nikah Registrars

For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify:

Provided thatnot more than one Nikah Registrar shall be licensed for any one area
1
[:
Provided further that the Government may, whenever it deems fit so to do, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed.]

§ 5Solemnization of a marriage to be reported and registered

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[5. (1) Where a marriage is solemnized by the Nikah Registrar himself, he shall register the marriage at once.

(2)Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of such solemnization.

(3)Where solemnization of a marriage is reported to a Nikah Registrar under sub-section (2), he shall register the marriage at once.

(4)A person who contravenes any provision of this section commits an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both.]

§ 5AJurisdiction under this Act

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[5A. Notwithstanding anything contained in the
Code of Criminal Procedure, 1898
(Act No. V of 1898), an offence under this Act shall be triable by a Magistrate of the first class.]

§ 6Registration of divorces

(1)A Nikah Registrar may register a divorce effected under Muslim Law within his jurisdiction on application being made to him for such registration.

(2)An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce:

Provided thatif the woman be a parda-nashin, such application may be made by her duly authorised vakil.

(3)The Nikah Registrar shall not register a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the
Registration Act, 1908
(XVI of 1908), by which the husband delegated the power of divorce to the wife or of an attested copy of an entry in the register of marriages showing that such delegation has been made.

(4)Where the Nikah Registrar refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the Registrar on such appeal shall be final.

§ 7Manner of registration

The Nikah Registrar shall register a marriage or divorce in such manner as may be prescribed.

§ 8Registers

Every Nikah Registrar shall maintain separate registers of marriages and divorces in such forms as may be prescribed and all entries in each such register shall be numbered in a consecutive series, a fresh series being commenced at the beginning of each year.

§ 9Copies of entry to be given to parties

On completion of the registration of any marriage or divorce, the Nikah Registrar shall deliver to the parties concerned an attested copy of the entry in the register, and for such copy no charge shall be made.

§ 10Superintendence and control

(1)Every Nikah Registrar shall perform the duties of his office under the superintendence and control of the Registrar.

(2)The Inspector-General of Registration shall exercise a general superintendence over offices of all Nikah Registrars.

§ 11Revocation or suspension of a license

If the Government is of the opinion that a Nikah Registrar is guilty of any misconduct in the discharge of his duties or has become unfit or physically incapable to discharge his duties, it may, by order in writing, revoke his licence, or suspend his licence for such period, not exceeding two years, as may be specified in the order :

Provided thatno such order shall be made unless the Nikah Registrar has been given a reasonable opportunity of showing cause why that order should not be made.

§ 12Custody of registers

Every Nikah Registrar shall keep safely each register maintained by him under section 8 until the same is filled, and shall then or earlier if he leaves the district or ceases to hold a licence, make over the same to the Registrar for safe custody.

§ 13Inspection of registers

Any person may, on payment of the prescribed fee, if any, inspect at the office of the Nikah Registrar or of the Registrar any register kept in such office or obtain a copy of any entry therein.

§ 14Power to make rules

(1)The Government may, by notification in the official Gazette, make rules to carry into effect the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) qualifications to be required from persons to whom licences under section 4 may be granted;
(b) fees payable to a Nikah Registrar for registration of a marriage or divorce;
(c) any other matter for which rules are required to be made.

§ 15Amendment of Muslim Family Laws Ordinance, 1961 (VIII of 1961)

In the
Muslim Family Laws Ordinance, 1961
(VIII of 1961),-
(a) in section 3, in sub-section (1), the comma and words “, and the registration of Muslim marriages shall take place only in accordance with those provisions” shall be omitted;
(b) section 5 shall be omitted;
(c) in section 6, in sub-section (1), for the words “under this Ordinance” the words, comma, figures and brackets “under the
Muslim Marriages and Divorces (Registration) Act, 1974
(LII of 1974)” shall be substituted.

§ 16Repeal

The Muslim Divorces Registration Act, 1876 (Ben. Act I of 1876), is hereby repealed.

§ 17Provision relating to existing Nikah Registrars

All Nikah Registrars licensed under the
Muslim Family Laws Ordinance, 1961
(VIII of 1961), before the commencement of this Act, shall be deemed to have been licensed as Nikah Registrars under this Act.