Orissa Act No. 7 of 1949
*THE ORISSA MUHAMMEDAN MARRIAGES AND
DIVORCES REGISTRATION ACT, 1949
[Received the assent of the Governor on the 8th June 1949, first published in
Orissa Gazette, dated the 24th June 1949 ]
AN ACT TO PROVIDE FOR THE VOLUNTARY REGISTRATION OF
MUHAMMEDAN MARRIAGES AND DIVORCES IN THE STATE OF ORISSA.
WHEREAS it is expedient to provide for the voluntary registration of
marriages and divorces among Muhammedans in the State of Orissa;
It is hereby enacted as follows :
1. Short title, extent and commencement. - (1) This Act may be called
the Orissa Muhammedan Marriages and Divorces Registration Act, 1949.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
2. Definitions. - ln this Act, unless there is anything repugnant in the
subject or context-
(a) "District" means a district formed under the provisions of the Indian
Registration Act, 1908 (XVI of 1908);
(b) "Inspector-General of Registration" and "Registrar" respectively mean
the officers so designated and appointed under the Indian Registration Act, 1008
(XVI of 1908) or any other law for the time being in force for the registration of
documents;
(c) "Muhammedan Registrar" means any person who is duly authorised
under this Act to register marriages and divorces;
(d) "Pardanashin" means women who, according to the custom of the
country, might reasonably object to appear in a public office.
3. State Government may grant licences to Registrar. - It shall be
lawful for the State Government to grant a licence to any person, being a
Muhammedan, authorising him to register Muhammedan marriage and divorces
* Published vide Orissa Act 7 of 1949
The Odisha Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 24th June 1949
which have been effected within certain specified limits, on application being
made to him for such registration; and in like manner it shall be lawful for the
State Government to revoke or suspend such licence :
Provided that not more than two persons shall be licensed to exercise the
said functions within the same limits :
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.
4. Muhammedan Registrar to use seal. - Every Muhammedan Registrar
shall use a seal bearing the inscription, "The seal of the Muhammedan Registrar
of ..........." in Persian character.
5. State Government to provide seal and books. - (1) The State
Government shall provide for the office of every Muhammedan Registrar the seal
and the books necessary for the purposes of this Act.
(2) The pages of such books shall be consecutively numbered in print,
and the number of pages in each book shall be certified on the title page by the
officer by whom such books are issued.
6. Muhammedan Registrar to keep registers. - Every Muhammedan
Registrar shall keep up the following books of register namely :
Book I-Register of Marriages 1[including marriages of women who have
effected a divorce of the kind known as Talaq-i-tafweez,] in the Form 'A' contained
in the Schedule.
Book II-Register of Divorces other than those of the kind known as Khula
1[or Talaq-i-tafweez] in the Form 'B' contained in the Schedule.
Book III-Register of Divorces of the kind known as Khula in the Form 'C'
contained in the Schedule.
1[Book IV-Register of Divorces of the kind known as Talaq-i-tafweez in
Form 'D' contained in the Schedule.]
7. Entries to be numbered. - The necessary entries in each register
specified in Section 6 shall be numbered in a consecutive series, which shall
commence and terminate with the year, a fresh series being commenced at the
beginning of each year.
8. Applications by whom to be made. - Every application for registration
of a marriage or divorce under this Act shall be made to the Muhammedan Registrar
orally as follows :
(i) if the application be for the registration of a marriage 1[including the
registration of a marriage of a woman who has effected a divorce of a kind known
as Talaq-i-tafweez] by the parties to the marriage jointly:
Provided that, if the man, or the woman or both be minors, such application
shall be made on their behalf by their respective lawful guardians:
1. Inserted vide Orissa Act XII of 1954
Provided further that, if the woman be a pardanashin such application may
be made on her behalf by her duly authorised agent;
(ii) (a) if the application be for the registration of a divorce other than of the
kind known as Khula 1[or Talaq-i-tafweez] by the man who has effected the divorce;
(b) if the application be for the registration of a divorce of the kind known
as Khula-by the parties to the divorce jointly :
Provided that if the woman be a pardanashin, such application may be
made on her behalf by her duly authorised agent;
1[(c) if the application be for the registration of a divorce of the kind known
as Talaq-i-tafweez-by the woman who has effected the divorce:
Provided that if the woman be a pardanashin, such application may be
made on her behalf by her duly authorised agent;]
9. Duties of Muhammedan Registrar on application. - (1) Every
application for registration under Section 8 shall be made within one month from
the date of marriage or divorce and on payment to him of a fee of one rupee, the
Muhammedan Registrar shall-
(a) satisfy himself whether or not such marriage or divorce was effected
by the person or persons by whom it is represented to have been
effected;
(b) satisfy himself as to the identity of the persons appearing before
him and alleging that the marriage or divorce has been effected;
(c) in the case of any person appearing as representative of the man or
woman (whether he appears as guardian or agent), satisfy himself
of the right of such person to appear.
(2) If the Muhammedan Registrar is satisfied on the aforesaid points he
shall make an entry of the marriage or divorce in the proper register :
Provided that no such entry shall be made otherwise than in the presence
of every person who, under the provisions of Section 11 is required to sign such
entry.
(3) The Muhammedan Registrar shall not register-
(a) a marriage of a woman who has effected a divorce of the kind known as
Talaq-i-tafweez-
(i) except on the production of a document registered under the Indian
Registration Act, 1908 (XVI of 1908), or under any other law for the
time being in force for the registration of documents, or of a certified
copy of such document, or of a certified copy of the order of the
District Judge or any Court of competent jurisdiction, showing that
such divorce has been effected or of an attested copy of an entry of
the divorce in the register of divorces of the kind known as Talaq-i-
tafweez (Book IV);
1. Inserted vide Orissa Act XII of 1954
(ii) notwithstanding anything contained in Section 9, within six months
of the date of divorce of the previous husband of the woman;
(iii) without giving to the previous husband of the woman by registered
post one month's notice in such form containing such particulars
as may be prescribed by rules made under Section 24;
(b) a divorce of the kind known as Talaq-i-tafweez except on the production
of a document registered under the Indian Registration Act, 1908 (XVI of 1908),
or under any law for the time being in force for the registration of documents, by
which the husband delegated the powers of divorce to the wife or of an attested
copy of an entry in the register of marriages (Book I) showing that such delegation
has been made.
10. Muhammedan Registrar may receive gratuity. - Nothing in the
preceding section shall be held to prohibit a Muhammedan Registrar from receiving
a gratuity in excess of the fee provided in Sub-section (1) of Section 9 when such
gratuity is voluntarily tendered.
11. Entries by whom to be signed. - Every entry in a register kept under
this Act shall be signed as follows :
(a) if the entry be of a marriage, in a register in the Form 'A' contained in
the Schedule-
(1) by the parties to the marriage, or, if either or both of them be minors,
by their lawful guardians respectively ; provided that, if the woman
be a pardanashin the entry may be signed On her behalf by her
duly authorised agent;
(2) by two witnesses who were present at the marriage ceremony;
(3) in cases which the woman is represented by an agent by two
witnesses to the fact of the agent having been duly authorised to
represent her ; and
(4) by the Muhammedan Registrar;
(b) (i) if the entry be of a divorce other than the kind known as Khula 1[or
Talaq-i-tafweez] in a register in the Form 'B' contained in the Schedule-
(1) by the man who has effected the divorce;
(2) by the witness who identifies the man who has effected the divorce;
(3) if the man be of the Shia sect-by two witnesses to the divorce being
effected; and
(4) by the Muhammedan Registrar;
(ii) if the entry be of a divorce of the kind known as Khula in a register in
the Form 'C' contained in the Schedule-
(1) by the parties to the Khula ; provided that, if the woman be a
pardanashin the entry may be signed on her behalf by her duly
authorised agent;
1. Inserted vide Orissa Act XII of 1954
(2) by the person who identifies the man;
(3) by the person who identifies the woman;
(4) if the application for registration has been made by an agent on
behalf of the woman by two witnesses to the fact or the agent
having been duly authorised to represent her;
(5) if the man be of the Shia sect-by two witnesses to the divorce being
effected ; and
(6) by the Muhammedan Registrar;
1[(iii) if the entry be of a divorce of the kind known as Talaq-i-tafweez in a
register in the Form 'D' contained in the Schedule to this Act-
(1) by the woman who has effected the divorce;
(2) by the person who identifies the woman who has effected the divorce;
(3) if the woman be of the Shia sect-by two witnesses to the divorce
being effected;
(4) by the Muhammedan Registrar.]
12. Copies of entry to be given to parties. - On completion of the
Registration of any marriage or divorce, the Muhammedan Registrar shall deliver
to each of the applicants for registration an attested copy of the entry for which
no charge shall be made.
13. Index to be kept. - In every office in which any register hereinbefore
mentioned is kept, there shall be prepared a current index of the contents of
such register and every entry in such index shall be made, so far as practicable,
immediately after the Muhammedan Registrar has made an entry in any such
register.
14. Particulars to be shown in index. - The index provided in Section
13 shall contain the name, place of residence and father's name of each party to
every marriage or divorce, and the date of registration and it shall contain such
other particulars and shall be prepared in such form, as the State Government
may from time to time direct.
15. Index may be inspected and copies of entries in registers taken.-
(1) Subject to the previous payment of the fees provided in Section 16 the index,
whether it be in the office of the Muhammedan Registrar or of the Registrar of the
district, and the copies of entries in such index, which are filed in the office of the
Registrar of the district under the provisions of Section 22, shall at all times be
open to Inspection by any person applying to inspect the same.
(2) Copies of entries in any of the registers and of the certified copies of
such entries which are filed in the office of the Registrar of the district under
Section 22 shall be given to all persons applying for such copies.
(3) Such copies shall be signed and sealed by the Registrar of the district
or by the Muhammedan Registrar, as the case may be.
1. Inserted vide Orissa Act XII of 1954
16. Fees for inspection and copies. - Every Registrar of a district and
every Muhammedan Registrar shall, for the purposes of this Act, be entitled to
levy the following fees :
(a) for every inspection or permission to inspect any index or register
under his Charge-Four annas;
(b) for every certified copy of any entry in register other than the first copy
referred to in Section 12-One rupee.
17. Muhammedan Registrar to be subject to control of District
Registrar. - (1) Every Muhammeuab Registrar shall perform the duties of his
office under the superintendence and control of the Registrar under who. e
jurisdiction the office of such Muhammedan Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or
otherwise) any order consistent with this Act, which he considers necessary in
respect of any act or omission of any Muhammedan Registrar subordinate to
him.
18. Inspector-General of Registration to exercise general
superintendence. - The Inspector-General of Registration shall exercise general
superintendence over the offices of all Muhammedan Registrars and shall have
power from time to time to make regulations for the guidance of the said
Muhammedan Registrars and the regulation of their offices generally.
19. Rules to be approved by State Government and published in
Gazette. - All regulations made under Section 18 shall be submitted to the State
Government for approval, and after they have been approved shall be published in
the Gazette, and shall have effect from the date of such publication.
20. Refusal to register to be recorded. - Every Muhammedan Registrar
refusing to register a marriage or divorce shall make an order of refusal, and
record his reasons for such order in a book to be kept for that purpose.
21. Appeal against refusal to register. - An appeal shall lie against an
order of a Muhammedan Registrar refusing to register a marriage or divorce, to
the Registrar to whom such Muhammedan Registrar is subordinate, if presented
to such Registrar within twenty days from the date of the order, and the Registrar
may reverse or alter such order and the order passed by the Registrar on appeal
shall be final.
22. Copies of entries to be sent monthly to Registrar of District. -
Every Muhammedan Registrar shall, at the expiration of every month, send certified
copies of all entries made by him during the month in the registers mentioned in
Section 6, and also of the entries which have been made in the index referred to
in Section 13 to the Registrar of the District within which such Muhammedan
Registrar has been authorised to act, and the Registrar, on receiving such copies,
shall file them in his office.
23. Registers to be made over. - Every Muhammedan Registrar shall
keep safely each register until the same shall be filed, and shall thereupon of
earlier if he shall leave the district or cease to hold a licence make over the same
to the Registrar of the District for safe custody, or to such other person as the
Registrar may direct.
24. State Government may prescribe rules. - (1) The State Government
may from time to time make rules for carrying into effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules
may provide for-
(a) determining the qualifications to be required from persons to whom
licences under Section 3 may be granted;
(b) regulating the attendance of Muhammedan Registrars at the
celebration of marriages, and their remuneration for such attendance;
(c) regulating the grant of copies by Registrars and Muhammedan
Registrars;
(d) regulating the payment by the Muhammedan Registrars of the cost
of the seals, forms of registers, stationary and any other articles
which may be supplied to them by the Government;
(e) regulating the application of the fees levied by Registrar of Districts
and Muhammedan Registrars under this Act; and
(f) regulating such other matters for which no provision or inadequate
provision is made in this Act and for which provision is in the opinion
of the State Government, necessary.
25. Muhammedan Registrar a Public Officer. - Every Muhammedan
Registrar shall be, and be deemed to be, a public servant and his duties under
this Act shall be deemed to be public duties.
26. Savings. - Nothing in this Act contained shall be construed to-
(a) render invalid, merely by reason of non-registration, any
Muhammedan marriage or divorce which would otherwise be valid;
(b) render valid, by reason of registration any Muhammedan marriage
or divorce which would otherwise be invalid;
(c) authorise the attendance of any Muhammedan Registrar at the
celebration of a marriage, except at the request of all the parties
concerned;
(d) affect the religion or religious rites and usages of any citizen of
India.
27. Repeal and savings. - (i) The Bengal Muhammedan Marriages and
Divorces Registration Act, 1876 (Bengal Act I of 1876) is hereby repealed.
(ii) All orders issued, appointments made, licences granted or anything
done under the said Act and in force immediately before the commencement of
this Act shall continue in force and be deemed to have been issued, made,
granted or done under the corresponding provisions of this Act.
Schedule
[See Sections 6 and 11]
Form 'A'-Book 1
Register of Marriages 1[including marriage of women who have effected
divorces of the kind known as Talaq-i-tafweez] (as provided in Section 6 of the
Act for the voluntary registration of Muhammedan marriages and divorces)
1. Consecutive No.............
2. Name of the bridegroom and that of his father, with their respective
residences...............
3. Name of the bride and that of her father, with their respective
residences...............
4. Whether the bride is a spinster, a widow or divorced by a former husband
1[or has effected a divorce of the kind known as Talaq-i-tafweez] and whether she
is adult or otherwise...................
1[4-A. If the bride has effected a divorce of the kind known as Talaq-i-
tafweez particulars of the document produced to prove the some.............
4-B. if the bride has effected a divorce of the kind known as Talaq-i-tafweez,
the date on which and place where the same was registered with name and
residence of the previous husband..............]
5. Name of the guardian of the bridegroom (if the bridegroom be a minor)
and that of the guardian's father, with specification of the guardian's residence,
and of the relationship in which he stands to the bridegroom,.........
6. Name of the guardian of the bride (if she be a minor) and that of his
father, with specification of his residence, and the relationship in which he stands
to the bride...........
7. Name of the bride's agent and of his father, and their residences, with
specification of the relationship in which the agent stands to the bride....
8. Names of the witnesses to the due authorisation of the bride's agent,
with names of their fathers and residences, and specification of the relationship
in which they stand to the bride...........
9. Date on which the marriage was contracted, to be given according to
the British calendar and according to the era current in the district.
10. Amount of dower...........
11. How much of the dower is mu'wajjal (prompt) and how much mu'wajjal
(deferred)................
12. Whether any portion of the dower was paid at the moment, if so, how
much ?................
1. Inserted vide Orissa Act XII of 1954
13. Whether any property was given in lieu of the whole or any portion of
the dower, with specification of the some...............
14. Special conditions, if any.........
15. Names of village or town, police jurisdiction and district in which the
marriage took place................
16. Name of the person in whose the marriage ceremony took place, and
that of his father..............
17. Date of registration, to be given according to the British calendar...
Form 'B'-Book II
Register of divorces, other than those of the kind known as Khula 1[or
Talaq-i-tafweez] (provided in Section 6 of the Act for the voluntary registration of
Muhammedan marriages and divorces)
1. Consecutive No.............
2. Names of the husband and of his father, and their residences...........
3. Name of the wife and of her father, and their residences.............
4. Date of divorce according to the British calendar and according to the
era current in the district.......
5. Description of divorce........
6. Manner in which the divorce was effected..............
7. Name of the village or town, police-jurisdiction and district in which the
divorce took place..........
8. Name of the party in whose house the divorce took place, and of his
father.......
9. Names of witnesses to the divorce, if any, the names of their fathers,
and their respective residences...........
10. Name of party identifying the husband before the Muhammedan Registrar
and that of his father, and their residences...........
11. Date of registration to be given according to the British calendar....
Form 'C'-Book III
Register of divorces of the kind known as Khula (provided in Section 6 of
the Act for the voluntary registration of Muhammedan marriages and divorces)
1. Consecutive No.............
2. Name of the husband and that of his father, and their residences.......
3. Name of the wife and that of her father, and their residences..........
4. Date of Khula-according to the British calendar and according to the
era current in the district.............
1. Inserted vide Orissa Act XII of 1954
5. Amount of dower............
6. Whether Khula was acknowledged by the wife in person before the
Muhammedan Registrar..............
7. If so, name of the party identifying her before the Muhammedan Registrar,
and that of father, and their residences, with specification of the relationship
which he bears to her, if any........
8. If the Khula be acknowledged before Muhammedan Registrar by the
wife's agent, his name and that of his father and their residences, with specification
of the relationship which the agent bears to the wife, if any....
9. Names of the two witnesses to the due authorisation of the wife's agent,
and those of their fathers, with their residences...........
10. Name of village or town, police-jurisdiction and district where the Khula
took place.........
11. Name of the person in whose house the Khula took place, and that of
his father............
12. Names of the witnesses, if any, to the divorce being effected, the
names of their fathers, and their residences..................
13. Name of the person identifying the husband and that of his father, and
their residences...............
14. Date of registration - to be given in the British calendar..........
Form 'D'-Book IV
Register of divorces of the kind known as Talaq-i-tafweez (as prescribed
by Section 6 of the Act for the voluntary registration of Muhammedan marriages
and divorces)
1. Consecutive No.............
2. Name of the husband and that of his father and their residences.....
3. Name of the wife and that of her father and their residences..........
4. Name of the party identifying the wife before the Muhammedan Registrar,
and that of his father, and their residences, with specification of the relationship
which he bears to her, if any.............
5. Particulars of documents produced to prove delegation of power to the
wife to divorce the husband..........
6. Date of Talaq-i-tafweez according to the English style and according to
the era current in the district.......
7. Amount of dower...........
8. Name of the village or town, police-jurisdiction and district where the
Talaq-i-tafweez took place........
1. Inserted vide Orissa Act XII of 1954
9. Name of the person in whose house the Talaq-i-tafweez took place, and
that of his father.........
10. Description of Talaq-i-tafweez.............
11. Names of the witnesses and their signatures, to the divorce being
effected, the names of their father and their residences...........
12. Date of registration to be given in the English style...........