ALL ASSAM MUSLIM MARRIAGES AND DIVORCES REGISTRARS AND KAZI ASSOCIATION Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-157
HIGH COURT OF GAUHATI
Decided on November 22,2018

ALL ASSAM MUSLIM MARRIAGES AND DIVORCES REGISTRARS AND KAZI ASSOCIATION Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

N. KOTISWAR SINGH, J. - (1.) Heard Mr. A. R. Bhuiyan, learned counsel for the petitioners in WP(C) No. 5122/2009 and Ms. R. Choudhury, learned Amicus Curiae. Also heard Mr. D. Saikia, learned Sr. Add. Advocate General, Assam assisted by Ms. N. Bordoloi, learned counsel for the respondent Nos. 1 and 2, Mr. M. U. Mahmud, learned counsel appearing for respondent Nos. 6, 7 and 8 in WP(C) No. 5122/2009. Heard Dr. B. Ahmed, learned senior counsel assisted by Mr. A. K. Azad, learned counsel appearing for the petitioners in WP(C) No. 4496/2010. Heard Mr. M. U. Mahmud, learned counsel for the petitioners in WP(C) No. 5541/2012 and WP(C) No. 4593/2014. Heard Mr. A. K. Talukdar, learned counsel appearing for the for respondent No. 3 in WP (C) No. 5541/2012 and WP(C) No. 4593/2014.
(2.) The core common theme which runs through these petitions is related to Section 3 of the Assam Moslem Marriages and Divorces Registration Act, 1935, (hereinafter referred to as the "Act") which Act had been specifically enacted for registration of Muslim marriages and divorces in the State of Assam, as the competent authority to register the Muslim marriages and divorces in the State of Assam and issue certificates of registration by furnishing attested copy of the entry in the register.
(3.) It has been provided under Section 3 of the Act that the State Government may grant licence to any person being a Muslim, authorizing him to register Muslim marriages and divorces which have been effected within certain specified limits. Section 3 reads as follows: "3. The [Provincial Government] may grant a license to any person, being a Moslem, authorising him to register Moslem marriages and divorces which have been effected within certain specified limits, on application being made for such registration; and may revoke or suspend such license: Provided that not more than two persons shall be licensed to exercise the said functions within the same limits: and provided further that, when two persons are so licensed to act within the same limits, the one shall be a member of the Sunni, and the other of the Shia, sect.";


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