AZHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned senior counsel assisted by Mr. M. Islam, appearing for the petitioner. Also heard Mr. J. Handique, learned counsel appearing for respondent Nos. 1, 2, 3 and 4 and Mr. R. Mazumdar, learned counsel appearing for respondent No. 5.

(2.) The petitioner's case is that he has been given the licence to register Muslim Marriages and Divorces in terms of Section 3 of the Assam Muslim Marriages and Divorces Registration Act, 1935, hereinafter as the "1935 Act", vide licence dated 02.07.1997 issued by the Government of Assam in the Revenue Department. The licence dated 02.07.1997 states that the jurisdiction of the petitioner shall be within the jurisdiction of the entire South Salmara Police Station, Dist. Dhubri.

(3.) The petitioner is aggrieved by the notification dated 06.01.2020 issued by the Government of Assam in the Revenue Department, by which the respondent No. 5 has been given the licence to register Muslim Marriages and Divorces within the jurisdiction of the Hatsingimari, South Salmara Mankachar district. The case of the petitioner is that only one Muslim marriage Registrar can be appointed within a given jurisdictional area belonging to a particular Mohammedan Faith i.e. Shia sect or Sunni sect. There cannot be two Muslim marriage Registrars of the same sect under one given jurisdictional area. However, the respondent No. 5 has been made the Muslim Marriage Registrar in Hatsingimari, which is within the jurisdiction of the South Salmara Police Station. As the respondent No. 5 (Sunni sect) has been given the licence to act as a Muslim Marriage Registrar within the jurisdictional area given to the petitioner (Sunni sect), i.e. within the jurisdiction of the South Salmara Police Station, the impugned notification dated 06.01.2020 should be set aside.