GUWAHATI: The Gauhati High Court has asked the Assam Government to file its response by June 24, 2024, in a plea challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. A division bench comprising Chief Justice Vijay Bishnoi and Justice Suman Shyam issued the notice to the state government in a writ petition filed by the All Assam Muslim Marriage and Divorces Registrar and Kazi Association.
The Assam Muslim Marriages and Divorces Registration Act of 1935 was repealed by an Ordinance passed by the Assam government on March 15, 2024, sparking controversy and prompting the petitioners to seek judicial intervention.
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The petitioners also requested interim relief to allow them to conduct marriages between men and women of legal age, as well as oversee divorces, but the division bench declined to grant interim relief, citing the ongoing Lok Sabha elections and the enforcement of the Model Code of Conduct.
The High Court instructed the Assam government to submit its response to the writ petition by June 24, when the matter is scheduled for further hearing.
The All Assam Muslim Marriage and Divorces Registrar and Kazi Association, in their petition, expressed concern about the lack of a legal framework to govern Muslim marriages and divorces, suggesting that this could lead to a rise in child marriages and other related issues. They argued that without clear guidelines, community registrars and Kazis are left without a legal basis to carry out their roles.
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The court's decision to hear the case and request a response from the Assam government is a significant development, given the potential impact on the Muslim community in the state and the legal complexities surrounding religious marriages and divorces.
The matter is set to be heard again on June 24.
