MUSLIM MARRIAGES AND DIVORCES (REGISTRATION) ACT, 1974 & RULES 1975, CASES

Sections—3 and 5

It provides that every marriage solemnized under the Muslim Law shall have to be registered with the Nikah Registrar appointed by the Government while Section 5 of the Acts provides that every marriage not solemnized by the Nikah Registrar shall have to be reported to him by the person who has solemnized such marriage and anybody contravening the provision of sub-section (1) shall be punishable with simple imprisonment which may extend to 3 months or with fine which may extend to five hundred taka or with both.

Atiqul Hoque Chowdhury Vs. Shahana Rahim and another, 15 BLD (HCD) 559.

Section—4

The Government has the power under the second proviso to section 4 of Act, 1974 to extend, curtail, alter or otherwise alter the limits of any area. The petitioners licence as a Nikah Registrar has not at all been revoked/affected but under the second proviso of section 4 of the Act his area has been curtailed which the Government is authorised under the law to do.

Mr. Raisuddin Vs Bangladesh and others, 19 BLD (AD) 179.

Ref:
Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)

Section—4

Muslim Marriages and Divorces (Registration) Rules, 1975

Rule—10(2)

The Second Proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 empowers the Government to extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been granted licence by the Government.

Moulvi Md. Khurshid Alam Vs Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 18 BLD (AD)152

Ref:16 BLD(1996)(AD)1 10—relied upon.

 

Muslim Marriages And Divorces (Registration) Rules, 1975

Rule—10

It empowers the Government to alter, extend, curtail or otherwise alter the units of any Union Parishad for which a Nikah Registrar has been licensed to exercise his jurisdiction. It also authorises the Government to curtail the jurisdiction of any Union Parishad and declare any part of it as an urban area and thereafter include the said area in a Pourashava.

Kazi Md. Amirul Islam Vs Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh and others, 16 BLD (AD) 110. 

Rule—10(2)

The amendment on 19.1.93 that in sub- rule (2) of Rule 10 of Rules, 1995, a provision was added to the effect that a Nikah Registrar licensed shall continue in the office until he retires or ills office otherwise falls vacant. This provision was further amended on 30.12.97 whereby sub-rule (2) of Rule 10 of the earlier amendment was deleted. Thus whatever right a Nikah Registrar had under the previous Rule was done away with by subsequent Rule 10 of 1997. The right given under previous Rule 10 was taken away by subsequent amendment and as such the question of affecting the vested right of the petitioner does not arise.

Mr. Raisuddin Vs Bangladesh and others, 19 BLD (AD) 179.

Ref: 50 DLR(AD)82; I6BLD(AD)1 10— Cited.