the bengal muhammadan marriages and divorces ... a parda-mashin, such applicalion may be made on her...

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DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Bengal Muhammadan Marriages and Divorces Registration Act, 1876 Act 1 of 1876 Keyword(s): Muhammadan Registrar, Inspector-General of Registration and Registrar, Parda-Nashin

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Page 1: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Bengal Muhammadan Marriages and Divorces Registration Act, 1876

Act 1 of 1876

Keyword(s): Muhammadan Registrar, Inspector-General of Registration and Registrar, Parda-Nashin

Page 2: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

BengaI Act I of 1876

[THE BENGAL MUHAMMADAN MARRIAGES AND. DIVORCES ICEGISTRATION ACT, 1876.1

CONTENTS.

Section. 1 . Local exlenl. 2. Inlerpretation. 3. Slate Governmen1 may grant Iiccnses to register. 4. Muhammadan Registrars to use seds. . 5. Government lo providc scat and books. 6. Muhammadan Regiswar to kcep regisrcrs. 7 . Enuics to be numbered. 8. Applications, by whom lo be made. 9. Duties of Muhammadan Regism on applicarion.

9A. Dutics or Muhammadan Regisuar in certain casts. 1 0. (Repea1c~l.j . I I. Enrries by whom to be signed. 12. Copies of enlry Lo be given ro parties. 13. Index to be kept. 14. Particulars to be shown in index. 15, Index may be inspected and copics OF entries in registers laken. 16. Fees for searches and copies. 17. Muhammadan Regisuar 10 be subjecl to control of Districr R e g i s m 18. Inspcctor-General of Registalion lo exercise general superintcndence. 19. Rules io bc approved by State Government and published in Gazerte. 20. Refusal to register to be recorded. 2 1 . Appeal against reFusal lo register. 22. Copies of entries to be sent monthly to Registrar of disuicl. 23. Registers ro be given up. 24. Slate Government may prcscribe rules. 25. Muhammadan Rcgist~ar a public officer. 26. Saving clause.

Schedule-Form A, Book I. Schedule-Form B, Book II. Schedule-Form C, Book Ill. Schedule-Form D, Book IV.

Page 3: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

Bengal Act I of 1876 [THE BENGAT, MUHAMMADAN MARRIAGES AND

DIVORCES REGISTRATION ACT, 1876.1'

r Ben. Act VI of 1932.

AMENDED . . 1 B c a ACL 1 of 1935.

L Ben. Acr XVI of 1946.

(a) The govern men^ or India (Adap- tation of Indian Laws) Order, 1937.

L (c) The Adaptation olLaws Order, 1950.

. .

AI I Acr ro pmviclc for the volrr~rroq regislrariotl of M~rlran~rrrodnrl Marriages utld Divorces.

(b) The Indian Indcpcndence (Adap- tatian or Bcngal and Punjab Ach) Order, L948.

WHEWS it is expedien~ to provide for h e vo luntq regislration OF marriagcs and divorces among Muhammadans;

1. This Act shall commence and take effccl in those districts in L C I C ~

l[West Bengal. Bihar or Orissa lo which thc S1ale3 Government con- ~ ~ ~ n l .

cerned] shall cxlcnd it by an order published in the '[Oficial Gazette]; and thereupon this Acr shall commence and takc cffcct in [he disrricrs . named in such order, on the day which shall bc in such ordcr provided for the comrnenccment thereof.

2. In this Act, unless thcrc be sornelhing rcpugnaril in [he subjecl Inrcr-

or conlext,- pre~xion.

"Muhammadan Regisrrar" mcans any person who is duly autho- "Muhan- . rizcd undcr this Act totregister marriages and divorces; m d u l

- RcghYU" 'SHDKT m.-This sham tilIc was given by [he Amending Act. 1903 ( I of 1903). L E G I S M ~ M PA~S.-For Sraremnl olObjecrs and Rwsons, w e Ihe Calc~rrta Go;ette of

1873. PI. W. p ~ g c 1526: and for Proceedings in Council. Jee ibid 1 R73, Supplemenr, p g c 1586: ibjd. 1875, Supplemenr, pages I . 55, 1 19, 175. 407. 437 and 1358.

LOCAL ~m-r . -Thls ACI cxrcnds only ro dislricls nolified under scc~ion 1 . 'Subziiiu~cd lor ihc words "~hc provinces subject lo Ihe Provincial Govcmmcn~ ~ r B e n p l

ID uhich the said Provincial Covernnwnt' hy paragraph 3(1) oirhc Indian lndeprndcncc (Adapwlion o f Bcngal mil Punjab ACE) Ordcr. 1948.

'The word "Siarc" was subs!itutcd for rhc word "Provincinl" by p m . 4 0 ) 01 rhc Adnpmlion or Laws Ordcr. 1950.

'Thcsc words were substilurcd for the words "Cnlc~r~ru Cuzer~r". by p m . 4(1) of thc Govcrnn~cnl of India (Adaplarion of Indim Laws) Ordcr, 1937.

Page 4: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

Govcmmni roprovidc sd and books.

The Berrgal Mrrlrarrlr~ladarr Mam'ases atld Divorces Regisrration Acf. 1876.

[Ben. Act I

"Inspector-General of Regisration" and "Regislrar" respectively 1 . mean the officers so designated and appointed under [he Indian w10r i- Rcgisuarion Act, '[I9081 or olher law for the lime being in Force 1908-

for the regisration of documents;

"dislricr" means a dislric~ formed under h e provisions OF the Indian Rcgisualion Act, 1[1908];

"parda-rrashb" means a woman who, according lo the cuslom of thc country, migh~ reasonably object lo appear in a public ofice.

3. It shall be lawful for Ihe2[State] Government to grant a liccnse to any person, being a Muhammadan, authorizing him lo regisler Muhammadan marriages and divorces which have been effected within cerlain specified limits, on application being made lo him for such regismalion; and in like manner il shall be lawrul for thc said2[Srare] Government to rcvoke or suspend such liccnse:

Providcd [hat no more lhan ~ w o persons shall be licensed lo exercise the said function within [he same limib; and provided further thar, when two persons are sn licensed to act within the same Iimirs, Ihc onc shall he a member of chc Sunni, and h c orher of !hc Slriu, sect.

4. Every Muhammadan Registrar shall use a seal bearing the following inscription in the Persian charncter and language: "The seal of thc Muhammadan Regisuar of. . ."

5. The 2[Slatc] Govcmmcnt shall supply for the ofice OF every Muhammadan Rcgislrar h e seal and h e books necessary for the pur- poses of this Act.

The pages OF such books shall be conseculively numbered in print, and h e numbcr or pages in each book shall be cerrilicd on the Me- page by the Officer by whom such books are issued.

6. Every Muhammadan Registrar shall keep up the following register-books:-

BOOK I.-Regis~er of marriages j[including marriages of women who have effected divorces of the kind known as Talaq-i-tafiveez], in he Form A conlained in the schedule to this Acl.

'This figure was substirurcd lor thc figurc "1871" by s. 2 of h c Bcngd M u h u h Marriages and Divorces Regismion (Amendment) Act, 1934 (Ben. Act 1 of 1935).

'See fool-nolc 3 on pagc 225. unfe. .'These words were inscned by s. 3(n) of h e Bengd M u h m n d m Mniages and

D i v o w Regisintion (Amendmenr) Acr, 1934 (Ben. Acr I o f 1935).

Page 5: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

The Betigal Mtrl~asmradan Marriages arld Divorces Registratio11 Act. 1876.

(Sections 7. 8.)

BOOK n.-Regism of divorces other than those of the kind known '

as ki~rrla '[or Talaq-i-tafiveez] in h c Form B conmined in [he schedule to this Aci.

BOOK 111.-Register of divorces of the kind known as kllrila, in h e Form C contained in the schedulc to his Act.

'BWK 1V.-Rcgisler of divorces of the kind known as Talag-i-ta$veez in [he Form D conraincd in the scheduIe lo this Act.

7. All cnlries in each regisler prescribed by he last preceding sccrion Enlria shall be numbered in a consecutive series, which shall commcncc and '''kkd- terminale with the year P fresh scries bcjng commenced at the beginning of cach year.

I 8. Every appljcalion for regislnlion under this Act shall bc madc Appliaions,

to thc Muhammadan Registrar orally a s follows:- by whom l o bc mdc.

iJ the applicatio~t be for tlre r e g i m rioa of a n~arriage J[ir~clridir~g the registralio~~ of a ~trarriage of a tvorrra~~ wlro ltas effected a divorce of the kitid know11 as Talaq-i-talfweezl-

by the parties lo the marriage jointly: providcd ;ha[ iT h e man, or he woman, or bolh, be minors, applicalion shall be made on heir bchalf by their respcccive lawful guardians: and provided further ha[, if the woman be apardo-noshiti, such application may be made on her behalf by her duly authorized vakil;

$ rlre appIication be for registration of a divorce orher tl~arr of ftte kirzd h?ro~vr~ as Khula '[or Talaq-i -tafweez]--

by the man who has effecled [he divorce;

if tlre applicatiott be for the registrution oJ a divorce of the kirrd known as Kbula-

by the parties to h e divorce jointly: provided that, if the woman be a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil;

'Thcsc words wen: insened by s. 3(b) of the Bengd Muhammadan Mnrriagcs md Divorces Regismuon (Amendmcnr) Acr, 1934 (Ben. Act I of 1932).

T h i s pmgnph was added by s. 3(c). ibid. 'Thcsc words were insened by s. 4(1), ibid. 'Thcse words wcrc hcncd by s. 4&). ibid.

Page 6: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

Duties o l M u h n - madm Rcgistm in ccnin c m .

The Ber~gal Mrr/ran~~~~adan Marriages arld Divorces Regi~trarion Acr, 1876.

[Ben. Act I

'[if tlre applicariotr be for the registratio11 of a divorce of rile ki~ld bwbvtl as Talak-i-lafweez-

by the woman who has cifccled ihe divorce:

provided that, if the woman be a pari-nashitr, such applcalion may be madc on her behalf by her duly aulhorizcd vakil.]

9. On applicalion being made to a Muhammadan Registrar for regisvation under this Act of a marriagc or divorce wilhin one monrh of Ihc rnarrjage or divorce being cffcctcd, and not otherwisc, and ?[on paymenr of the fee specified in this bchalf by rules made undcr sccdon 24,] [he Muhammadan Rcgistrar shall-

(a) salisfy himself wherher or not such marriage or divorce was effected by [he person or persons by whom i t is represented to have bccn cffccled;

(b) satisfy himself as to the identily of chc persons appearing before him and alleging ha1 marriage or divorce has bccn effected;

(c) in h e case of any pcrson appearing as representacivc of the man or woman (whether he "appears] as guardian or vakil) satisfy himself of the righr of such person to appear.

If the Muhammadan Regisuar be satisFed on the abovc points, and not olhcrwise, he shall make an enrry of ~ h c maniage or divorce in the proper register:

Provided that no such cnlry shall bc made olhenvise than in thc presence of every person wha, by scction 1 1 of h s Acl, is required to s i p such entry.

'9A. The Muhammadan Regislrar shall not registcr- (a) a marriage of a woman who has effected a divorce of the

kind known as Talaqi-i-rafweez- (i) except on rhe production of a docurncnt registered

under the Indian Regismtion Act, 1908, or under any other law for the time bcjng in force for the registration of documents, or of a terrified copy of such document, or of a certified copy of the ordcr of

[These words wcrc inscncd by s. 4(c) o i the Brngd Muhammadan Mmiagcs and Divorccs Rc,gismuon (Amcndrmnl) Aa, 1934 (Ben. Act1 or I935).

=These words wett subsriturcd Tor ihc w& "on payment ro him oia iee ofonc rupcc" by s. 2 of h c Bcngal Muhammadm hiarringcs md Divorces Rcgisu;ruon (Amendment) ACI. 1932 (Ben. Act V I or 1932).

'Subsiiiuicd by s. 2 nnd h e Rrsr Schedule o i Ihe Bengal Repealing and Amending ACI. 1946 (Ben. Act XVI of1916). lor ihe word " a p p " .

aSccrion 9A was inserted by s. 5 or the Bengal Muhammadan Marriages and Divorces Rcgisntion (Arncndmnl) A a , 1934 (Ben. Acr I of 1935).

Page 7: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be
Page 8: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

The Bnrgol Mrrhaniniadar~ Marriages atid Divorces Regisrration Act, 1876.

[Ben. Act I

(2) by the witness who identifies the man who has effected rhe divorcc;

(3) if hc man bc of h e Shia sccl-by two wiinesses 10 the divorce being effected;

(4) by the Muhammadan Regislrar;

8 r I 1 e e l l ; q be o ja divorce oJrhe kirrd bro\vrl as Khula itr a regirter in rlre Fontt C c o r r ~ a i t ~ e d ill rfre sc~tedrrle ro this Acr,-

( 1 ) by h e parlies 10 the Kl~ula: provided that, if the woman be a porda-naslrin, the entry may be signed on hcr behalf by her duly authodzcd vakil;

(2) by the person who idenlifies the man;

(3) by the person who identifies the woman; (4) if [he application for registration has been made by a cakil

on behalfof the woman-by two witnesses to thc fact of rhe vakil having been duly aulhorized to represent her;

(5) iT thc man bc of thc Sl~ia seci -by two witnesses lo the divorce being effecred;

(6) by [he Muhammadan Regisrrar;

'[if the e n i y be of a divorce of 11ie kitld ktlo\vti as Talaq-i-tafwecz i~ t a regirtcr irr rile F O ~ I I I D conlained in the scl~edrrle to this Act,-

(1) by h e woman who has effecled the divorce; (2) by h e person who iden~ifies the woman who has cffccted

the divorce; (3) if he woman be ofthe Shia sect-by two witnesses to rhe

divorce being effected; (4) by the Muhammadan Regiswar.]

Copics of 12. On compIetion of h e regislration of any marriage or divorce, entry to k

the Muhammadan Regispar shall deliver to each of thc applicants for panics. registration an attested copy of the enrry; and for such copy no charge

shall be made.

Index ro be 13. In cvery office in which any register hereinbefore mentioned kept.

is kept, there shall be prepared a current index of the contenls of such register; and every entry in such index shall be made, so far as practicable, irnrnedia~ely afier the Muhammadan Registrar has made an enry in any such regisler. -

'Thcsc words ~d figures wirhin squm bncktls am instned by s. 6[b) o f the Bcngal Muhammadan Mmiagcs and Divorccs Rcgistm~ion (Amendment) Act. I934 (Ben. Act 1 of 1935).

Page 9: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

The Bengal Mul~ornr~~adur~ Marriages atrd Divotres Reg isrrutio~i Acr, 1876.

14. The index mentioned i n ihc last preceding sccuon shall conrain kyh',"Ay; Ihc name, place of residence and farher's name of cach party lo every marriage or divorce, and [he datc of regislralion.

11 shall also contain such other particulars, and shall be prepared in such form, as h e '[Statc] Govcrnmcnt may dircct.

15. Subjec~ 10 Ihe previous payment of h e fees prescribed, the index, Index myL inspoctcdmd whether i t be in the ofice of the Muhammadan Regislrar or of the COPiESOr

Registrar of [he disdcl, and h e copies of cnrries in such index, which cnvicsin

are filed in the officc of thc Registar or the dis~ict under thc provisions 22:" of scclion 22 of his Act, shal be at all times open to inspection by any person applying lo inspect h c same; and copies of cnuics in any of ihe registers, and of the certified copies of such entries. which q e filed in the office of h e Regism of the disvict under section 22 of his Act, shall be given 10 all persons applying for such copies.

Such copies shall be signed and sealed by the Registrar of the district or by thc Muhammadan Regism, as Ihc c a c may be.

-

16. Evcry Regismar of a disuicr and cvcry Muhammadan Registrar FE, for shall, for the purposes oilhis Acl. be enlirled (o levy the following fees:- 2-y for cvcry scarch or permission to scarch in any indcx or

register under his charge--four aatras: for every cenilied copy of any enrry in a regisler orherihan the first copy rcfcrred to in section 12 of this Acl-onc rupee.

17. Evcry Muhammadan Registrar shall perform he durics of his Muham- madan ofice under he superintendence and conml of the Regismu in whose Regismlo

disuict the oCficc of such Muhammadan Registrar is siruale. be subjccr to conirol or In the town of Calcutta every Muhammadan Reg i sm shall perform Dislricr

the duties of his ofice under thc supcrintendcnce and conlrol of [he Inspector-Genctal of Registration.

Every Regisuar, and in the town of Calculta h e Inspector-General of Rcgisualion, shall have authority to issue (whether on complaint or otherwise) any order consislenr wih t h i s Act which hc considers necessary in respccl of any act or ommission of any Muhammadan Registrar subordinate lo him.

18. The Inspector-Genenl of Registration shall exercise a general Im~caor- Genrnl or

superintendence over officcs of all Muhammadan RcgisWars, and shall Rcgismlion have powcr from time lo lime to frame rules consislenr wilh [his Act, for loucrcisc

gene* h e guidance of he said Muhammadan Registrars and he regulaljon or ,,Fnn- their offices generally. lendcnw.

'See fool-noa 3 on page 225,arrlc.

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Tlre Bellgal M~iha~~unud~t i Marriages m~rl Divorces Registmriorr Act, 1876.

[Ben. Act I

Rulcs lo bc 19. All rules hamed in accordance with the lasr preceding sec~ion approved by Sialc shall bc submilred r o thc '[S~ale] Government for approval and altcr GO^^^^^^^^ rhcy have been approvcd they shall bc published in the Oficiol Gazerre, and publishrdin and shall then havc the same forcc as if they were insertcd in this Guellu. Acl.

K c f u ~ d IU 20. Every Muhammadan Rcgis~ar rufusing lo register a marriagc ~rgistcriohc nrordsd, or divorce shall makc nn order of rufusal, and record his reasons for

such order in a book to be kep~ Ibr [hat purpose.

21. An appeal shall lie agains~ an ordcr of a Muhammadan Rcgislrar A P P ~ rufusing 10 rcgistcr a marriage or divorce, to he Rgis~ar lo whom such ag,unst , ~ , , ~ , , MuhammadanRegis~rarissubordina~e,iFprcscntedtosuchRcgistrar re~i51~1. within 20 days from thc dare of the order, and the Regisvar may reverse

or a l~er such ordcr; and rhc ordcr passed by h e Rcgislrar on appeal shall be final.

Capizsor 22. Every Muhammadan Registrar shall, aL h e expiration of every cn~rics lo bc wntnlonlhly monlh scnd certified copics of all entries made by him during ~ h c monh 1oRzsixlm in !hc rcgislers mentioned in seclion 6 of this Acl, and also of ~ h c cnlrics uCdis~rict. which have been made in ihe index rcrerred to in scctions 13 and

14 ~f this Act, lo thc Registrar of [he district within which such Muhammadan Registrar has bccn authorized lo acr, and [he Regisuar, on receiving such copics, shall file rhem in his office.

Kegislers lo 23. Every Muhammadan Rcgisrrar shall keep safcly each register k!3'Cn until thc same shall be filled, and shall then or carljer if he shall leave UP.

the dislrict or cease to hold a license, make over the same ro rhe Regiskar of thc disrrict for sarc custody, or to such othcr person as the Registrar may direcr.

Slalc W. The l[Stare] Govcrnmenl may from time lo lime prescribe such Covcrnrncnl rules as ?[it] ~hinks fit, provided rhal such ruIes be nor inconsisten( with ]my p m c r i h any provision of this Acr,- N~U.

(a) for delcrmining the qualificarions to be requircd from persons ro whom licenscs under sec~ion 3 of h i s Act may be granled;

'(aa) for regulating ~ h c fee payable l o a Muhammadan Regisrrar undcr seclion 9;

This word was subs~iturcd for the word "hc" by p m g n p h 5(2)oTthc Governmenr of India (Adap~alion of lndiln Laws) Ordcr. 1437.

'Clirose (CIA) was inscncd by S. 4 o i ~ h c Bcngnl M u h m d u l Marriages and Divoacs Registmuon (Amendmcnl) Act. 1931 (Ben. Act VI or 1931).

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Tlte Berrgal Mrrl~arrrrrrodam Marriages arrd Divorces Regi~lrarion Acr, 1876.

I(aaa) for regulaling the forms, contents and other pmiculars of nolices undcr scclion 9A;

(b) far regulaling [he arlendance of Muhammadan Regisuars al the celebration of marriages, and their remuneration for such auendancc;

(c) for rcgulating rhc gram of copies by Registrars and Muhammadan Registrars;

(d) for regularing the paymcnt by [he Muhammadan Registrars of the cost of rhe scals, forms of registers, stalioncry and any other articlcs which may be supplicd lo hem by [he Government;

(c) for regulating the application of the fces levied by Rcgisuars of dislricrs and Muhammadan Rcgjstrars under this ACI; and

(C) for regulating such orhcr nlallers as appcar lo thc 2[S~nte] Government n c c c s s q to effect [he purposes or this Act.

Thc '[Srate] Government may from time to timc canccl or alter any such rules.

25. Every Muhammadan Registm shall bc, and be deemed to he a public officer, and his dulies undcr this Act shall be deemed to bc public duties.

26. No~hing in his Act contained shall be consu-ued 10-

(a) render invalid, merely by rcason of its not having been rcgistcred, any Muhammadan marriage or divorcc which would olherwise be valid;

(b) rcnder valid, by reason of ils having bccn rcgislercd any Muhammadan marriage or divorce which would otherwise be invalid;

(c) authorise the atlendancc of any Muhammadan Registrar a1 h c celebraiion of a marriage, except at thc rcquesr of all the panics conccmcd;

(d) affect the religion or religious riles and usages of any OF '[Citizens of India];

(c) prevcnt any person, who is unable to wrirc. from putting

Saving ctaux.

his mark instead of the signature required by h i s Act.

'Clausc (ma) ww inscned by s. 7 ollhc Bcngal Muhmmrlnn Milrriqes and Divorces Rcgislnlion (Amcndmcni)Act. 1931 (Ben. Act I of 1935).

?Set fmt-note 3 on page 225,unre. 'Subsli~u~cd Tor rhr words "His Majcsly's subjeca in India" by pm. 3 and ha Elcvcn~h

Schrdulc of h c Abpmiion o f h w s Order. 1950.

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The Berrgal Mrilratt~tt~adae Marriages a ~ i d Divorces Regisrratior~ Act, 1876.

SCHEDULE.

(See sectio~rs 6 arrd I ] . )

Regisrer of Marriuges '[ indudirlg rrlarriages of lvol l~er~ who have effecred divorces of rlre kirid knolvtt as Talaq-i-tafweez] (as prescribed by secriori 6 of the Acr for the volta~raq~ rcgislrarion of M~rltan~nradaa Marriages mrd Divorces].

1. Consecutive number. 2. Name of the bridcgroorn and rhal of his father, with thcir

respective residences. 3. Namc ol h e bride and h a t of her father. with lhcir respeclive

rcsidcnces. 4. Whether the bridc is a spinster, a widow or divorced by a formcr

husband2[or has effected a divorce of the kind known as ralaq-i-rafiveez], and whelhcr she is adult or otherwise.

5 If the bride has effected a divorce of [he kind known as Talaq-i-raJiv-eez, particulars of [he document produced to prove the same.

$56. If thc bride has effecred a divorce of [he kind known as Talaq-i-tuftveez, the date on which and place where the same was regislered, w i ~ h name and residcnce of the previous husband.

$7. tName of the guardian of the bridegroom (if the bridegroom be a minor) and h a t of rhe guardian's Falher, with specificauon of the guardian's residence, and of the relationship in which he stands to the bridegroom.

$8. tNme of the guardian of he bridc (if she be a minor) and that of his father, wilh specification of his residence, and he relation- ship in which he stands lo the bridc.

$9. *Name O F the bride's vakil and of his father, and thcir residences, with spccificauon of the relauonship in which the vakil slands to the bride.

$10. "Names of the witnesses to the due aurhorization of the bride's vakil, with namcs of rhcir fathers and residences, and spccificaiion of the relationship in which they stand to the bride.

'Thcsc words wcn: inxncd by s. 8LnXi) OF Ihc Bcngd Muhammadan Marriages md Divorces Registration (Amendment) Act, 1934 (Eicn. Act I of 1935).

'Thesc words wcre insencd by s. 8(n)(ii), ibid. 'Enlrics 5 md 6 were inscded by s. 8(3)(iii), ibid. $Entries 5 to 20 wcrt rcnunikrcd consccutivcly by s. 8(a)(v), ibid. ~hesccolumns will be blank if rhe bridcmd bridegrmm, mpfftivcly, an: nor represen~cd

by guardims. &These mlumns will bc blank whcn h e bride is not represented by a t ~ ~ k i l .

p e n . Act I

Page 13: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

Tlie Bengai M~rl~amnradan Marriages and Divorces Reg isrrariot~ Act, 1876.

$1 1 . Date on which ~ h c marriage was conlraclcd,-lo be given according to [he English style and according lo the era current in the disuict. ,

12. Amount of dowcr. $13. How much of the dower i s r~ru'ajjal (prompt) and how much

nlrr 'lvajul (de fcrred). $14. Whether any portion of the dower was paid al h e momcnl. If

so, how much. $15. Whether any properly was given in lieu of rhe whole or any

portion of the dower, with specificadon of the same. $16. Special condidons, if any. 1 7 Names of village or town, police jurisdicdon and district in

which he marriage took pIace. $1 8. Name of the pcrson in whosc house thc manjagc ccrcmony

took place, and h a t of his falher. t119. Whether he husband has delegated the power of divorce to

rhe wifc. $20. Date of registration,--to be given according to the English

srylc.

Register of D i v o ~ e s . orl~er rlrair tlrose oJ the ki~rd X-so\vrl us Khula 2[or Talaq-i-tiifweez] (prescribed by sectioil 6 of rhe Acr for tfre volrwruty regisrration of Mulrammadan Marriages and Divorces).

1 . Consecutive number. 2. Names of he husband and of his father, and heir residences. 3. Names of the wife and of her Father, and (heir residences. 4. Date of divorce--according to he English style and according

to [he era current in the dis~rict. 5. Descripuon of divorce. 6. Manner in which [he divorce was effected. 7. Nanles of the village or rown. poIice jurisdiction and district

in which the divorce taok place.

'This entry was insenrd by s. B(a)(iv) of the Bengal Muhmmadan Marriages md ~ v o r c c j Regismlion (Amendmcnrl Act. 1934 (Bcn, Acl I or 1935).

words were inserted by s. 8(b) ofthe B e n d Muhmnmndan Mmiagcs and Divomcs Regisrntion (Arnendmcnr) AcL 1934 (Bcn. ACI I of 1935).

$Eniries 5 to 20 werc re-numbcrcd consccurivcly by s. 8(a)(v) of thc Bcngal Muhunmndm M d a g e s md Divorm Regislmtion (Amendment) Act. 1934 (Ben. ACI 1 or 1935).

Page 14: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

The Berrgal Muhonmradan Marriages mrd Divorces Regisfratiori Act, 1876.

[Ben. Act X

8. Name of he pany in whose house the divorce took place, and of his farhcr.

9. Namcs of witnesses to thc divorce, it any, thc names OF rheir farhers, and their respeclive residences.

ID. Name of par~y identiFying the husband before thc Muhammadan Regiswar and lhat of his ralhcr, and heir residcnces.

1 I . Dale of registration.-lo be given according to the English style.

Register of Divorces of the k i d ktiown as Khula (prescribed by section 6 of rke Act for rfre volrrrrta~ regisfratiotr of Mel~an~~tradar~ Mu ri-iages arzd Divorces).

1. Consecutive number. 2. Name of thc husband and that or his faher, and thcir residenccs. 3. Name of Ihc wife and [hat of hcr falher, and lhcir residences. 4. Date oi Kllrrla-according to he English stylc and according

LO the era currcnt in the district. 5. Amount of dowcr. 6. Whelher Khlrln was acknowledged by the wife in person before

rhc Muhammadan Rcgisrrar. 7 . l i so, name of the pmy idcnrifying her hcfore h e Muhammadan

Registrar, and that of his farhcr, and their residcnccs, with spccifica~ion I

or !he relationship which he bears to hcr, if any.

8. *If [he Khula be acknowledged beforc the Muhammadan Rcgislrar by the wile's.uaki1. his name and that or his rather and heir residences. w i h specificalion of h e reladonship which rhc vukii bears lo the wife, if any.

9. Names of rhe two witncsscs LO [he due authorization of the wife's vakil, and those af (hcir fahers, with their rcsidences.

10. Name of villagc or town, police jurisdicrion and district where Ihc Klrrria took place.

I I. Namc of the person in whose house the Kl~vla look place and that of his father.

12. Names of the witncsscs, if any, to the divorcc bcing effeclcd, thc names of rheir fathcrs and [heir residences.

*This c~ lumn~wi l l be blank il !he wonun is no1 rrpresenred by a vakil,

Page 15: The Bengal Muhammadan Marriages and Divorces ... a parda-mashin, such applicalion may be made on her behalr by her duly authorized vakil; 'Thcsc words ... [if tlre applicariotr be

The Berlgal Mrrhatrrntadnrr Marriages artd Divorces Regisrra~ior~ Act, 1876.

13. Name of h e pcrson identifying hc husband, and that of h s fahcr and [heir residences.

14. Dalc of rcgis~ration,-10 be givcn in Ihc English style.

Register of Divorces of rlre k i d ktrolvtl as Talaq-i-bfweez (asprescribed by secrio~r 6 of l l~e A ctjor {he V O I ~ I I I I L I ~ ~ registratio11 of Mirftanl~~ladatl Marriages arrd Divorces).

1. Consccu~ive number.

2. Name of thc husband and ha1 of his Carher, and heir rcsidcnces.

3. Name of !he wife and hat of her faher, and h i t residences.

4. Name of rheparty indcntiiying the wife beforc the Muhanunadan Regiswar, and that or his fathcr, and their residenccs, with specificarion of [he relationship which he bears lo hcr, if any.

5. Paniculars of documents produced to prove delegarion of power 10 lhc wife to divorce thc husband.

6. Date of Taiaq-i-tafiveez-according ta !he English slylc and according to the era currcnt in the diswicl.

7. Amounl of dower.

8. Name of the villagc or town. police jurisdiction and disuict wherc the Talaq-i-rofiveez rook place.

9. Narnc of the person in whose house Ihe Tulaq-i-tafiveez look place, and thai of his rolher.

10. Names of the witnesses, if any, lo the divorce being crfecled, the names of their Fathers and h e i r residenccs.

11. Dale of registrarion-to be given in rhe English style.

'Form D,, Book lV, w x added by s. 8(c) or the Benfd Muhvn~nadm Marriages m d D i v ~ w e s R c ~ m l i o n (Amendment) Acl. 1934(8en. Acl I or 1975).