Jail For Up To 1 Year & Fine Up To ₹ 50,000 For Violations Of Registration Conditions: Assam Passes Bill Mandating Registration Of Muslim Marriages And Divorces [Read Bill]

The Assam Legislative Assembly on August 29 passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, which makes the registration of all Muslim marriages and divorces in the state mandatory.

The Bill, introduced by Revenue and Disaster Management Minister, Jogen Mohan, aims to improve the quality of life for young girls by preventing child marriages, teenage pregnancies and ensuring the protection of women’s rights.

The Bill mandates that marriages involving individuals below the legal age—18 years for women and 21 years for men—will not be registered or considered valid. This measure is specifically designed to combat child marriage and to safeguard the consent and rights of both parties in a marriage. The legislation also aims to curb polygamy, ensure that married women can claim their right to live in the matrimonial home, secure maintenance, and enable widows to assert their inheritance rights and access other benefits after the death of their husbands.

Section 3 of the bill deals with registration of marriage, and states that any Muslim marriage solemnised in Assam, before or after the commencement of the Act (other than a marriage solemnised under the Special Marriage Act, 1954) will have to be registered.

It further states that the individuals should meet the legal age requirements of 18 years for girls and 21 years for boys. The Bill explicitly states that marriages will only be registered if both parties enter the union freely, ensuring that forced or underage marriages are not legally recognized.

The Bill introduces stringent penalties for non-compliance, prescribing a jail term of up to one year and a fine of up to Rs. 50,000 for violations of the registration conditions. Additionally, it empowers marriage and divorce registrars to refuse the registration of marriages if they find discrepancies, provided they document the reasons in writing. Registrars are also required to report any instances of child marriages to child marriage prohibition officers, further reinforcing the state's commitment to eradicating this illegal practice.

The legislation also provides a mechanism for objections to marriage registration notices, allowing a 30-day window for any challenges. Those dissatisfied with the decision of a marriage and divorce registrar can appeal to the district registrar, with a further option to appeal to the registrar general of marriage.

The Assam Assembly also passed The Assam Repealing Bill, 2024, which abolished the Assam Moslem Marriages and Divorces Registration Act, 1935, and the Assam Repealing Ordinance, 2024.

Click here to read/download the Bill