Last Change:
05/27/2024
The Muslim Marriages and Divorces (Registration) Act, 1974 ( ACT NO. LII OF 1974 )
Year: 1974
Type: Domestic law
Rights Category: Documentation
Description
The Act underscores the importance of official registration for Muslim marriages and divorces in Bangladesh, ensuring legal clarity and administrative orderliness in these critical personal events. Every Muslim marriage and divorce that takes place in the country must be registered under this Act. There are specific procedures and forms prescribed in the Act and the appointment of Registrars in different areas for the purpose of registering Muslim marriages and divorces. The Act also mentions penalties for failing to register a marriage or divorce or for providing false information during the registration process.
Selected provisions
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
(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
(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 that if 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.