MUSLIM MARRIAGES AND DIVORCES (REGISTRATION) ACT, 1974

Section-4

The petitioner’s licence as Nikha Registrar has not been cancelled but the areas of his jurisdiction has been curtailed which the government has the power to do.

A.H.M. Lutfor Rahman Vs. Bangladesh & Ors 8BLT(AD)-133

Section-4 read with

Muslim Marriages and Divorces (Registration) Rules, 1975

Rule-12

Whether Nikah Registrars are public servant

The Nikah Registrar shall perform the duties of their office under the general superintendence and control of the Inspector General of Registration. Besides, a Nikah Registrar cannot resign his office or leave the place in which he has exercised the function of a Nikah Registrar without permission of the Government —Held : A Nikah Regiatrar is a public servant.

Kazi Obaidul Haque Vs. The State 8BLT (HCD)-340

Section -4

General Observation

We have given our anxious consideration and find that if the words “‘in the prescribed manner” are inserted there in Section 4 of the Muslim Marriages and Divorces (Registration) Act. 1974 omitting the phrase “whenever thing fit so to do” like Section 4 of the Pourashava ordinance, 1977 and Section 3 of the Union Parisad Ordinance, 1983 and if the ‘”manner” is specifically provided in the Rules the second proviso to Section 4 may hold good. It is not necessary to struck down this proviso. Interpretation of statute is necessarily in favour of maintaining the statute, if possible.

Moulana Ruhul Mannan Helali Vs. Government of Bangladesh & Ors. 11 BLT (HCD)-336.

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