Jammu and Kashmir act 022 of 1981 : The JAMMU AND KASHMIR MUSLIM MARRIAGES REGISTRATION ACT, 1981 (Act No. XXII of 1981)

Section 1.Short title, extent and commencement.

(1) This Act may be called the Jammu and Kashmir Muslim Marriages Registration Act, 1981.

(2) It shall extend to the ¹[whole of the Union territory of Jammu and Kashmir].

²(3) It shall come into force on such date as the Government may, by notification in the ³[Government Gazette] appoint and different dates may be appointed for different areas of the ⁴[Union territory of Jammu and Kashmir].

1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State”.
2. This Act is yet to be enforced.
3. Now Official Gazette.
4. Now Union territory of Jammu and Kashmir.

Section 2.Definitions.

In this Act, unless the context otherwise requires,––

(a) “Schedule” means a Schedule to this Act ;br

(b) “Sub-Registrar” means a Sub-Registrar appointed under ¹[the Registration Act, 1908 (16 of 1908)] ;br

1. Substituted for “the Registration Act, Samvat 1977” by S.O. 1229(E) dated 31.03.2020.

Section 3.Registration of marriages.

(1) Every marriage contracted between Muslims after the commencement of this Act, shall be registered as hereinafter provided, within thirty days from the conclusion of the Nikah Ceremony.

(2) In the case of each such marriage, the duty of causing it to be registered is hereby imposed upon the following persons concerned in the marriage :––

(a) the bridegroom or the person who consented to the marriage on his behalf ;

(b) the bride or the person who consented to the marriage on her behalf ; and

(3) It shall be the duty of the person specified in sub-section (2) to deliver personally or by registered post a copy of Nikah-Nama or where no Nikah-Nama is written, a copy of memorandum in the form contained in the Schedule duly filled in by the person specified in clause (c) of sub-section (2) to the Sub-Registrar of the Sub-district in which the marriage is contracted.

(4) There shall be recorded on every copy of Nikah-Nama or memorandum, as the case may be, the amount of dower prompt and deferred separately as also the manner of payment thereof.

Section 4.Maintenance and preservation of Register and Nikah-Namas.

Every Sub-Registrar shall––

(i) preserve in his office copies of all Nikah-Namas and memoranda received under section 3 and shall maintain a Register to be called a Register of Muslim Marriages ; and

(ii) record or cause to be recorded under his signatures in the Register of Muslim Marriages the particulars of all Nikah-Namas and memoranda received by him during each calendar year.

Section 5.Person conducting the Nikah Ceremony to record his particulars.

Every person who conducts the Nikah Ceremony shall record on the NikahNama or the memorandum, as the case may be, his full name, parentage, age and place of residence.

Section 6. Inspection.

The Register of Muslim Marriages maintained by the Sub-Registrar shall at all reasonable times be open for inspection and shall be admissible as evidence as a public document as defined in ¹[Indian Evidence Act, 1872 (1 of 1872)].

1. Substituted for “Evidence Act, 1977” by S.O. 1229(E) dated 31.03.2020.

Section 7.Non-delivery of Nikah-Nama or memorandum not to invalidate Nikah.

No Nikah shall be deemed to be invalid solely by reason of the fact that a copy of the Nikah-Nama or memorandum, as the case may be, was not delivered to the Sub-Registrar or that the copy of the Nikah-Nama or memorandum delivered to the Sub-Registrar was defective.

Section 8.Penalty for neglecting to comply with the provisions of section 3.

Any person who willfully omits or neglects to deliver to the Sub-Registrar of the Sub-District a copy of the Nikah-Nama or the memorandum, as required by section 3, shall on conviction by a Judicial Magistrate be punished with fine which may extend to three hundred rupees.

Section 9.Power to make rules.

(1) The Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for any or all the following matters, namely :––

(a) the form and manner in which Nikah-Namas and memoranda shall be maintained under this Act ;

(b) the form and manner in which the registers shall be maintained by the Sub-Registrar under this Act ;

(c) the custody in which the registers and files and other records are to be kept and the manner in which registers, files and records are to be reserved ; and

(d) the form and manner in which the receipt of Nikah Namas and memoranda delivered under section 3 shall be acknowledged by the Sub-Registrar.