GUWAHATI: The Gauhati High Court directed the Assam government on Wednesday, December 4, to respond within four weeks to a petition challenging the legality of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
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Filed by the All Assam Muslim Marriages and Divorces Registrar and Kazi Association, the plea seeks the reinstatement of the repealed Assam Moslem Marriages and Divorces Registration Act, 1935.
Advocate Adeel Ahmed, representing the petitioner, asserted that the new law abolishes the traditional role of qazis in registering Muslim marriages, thereby infringing on their livelihood and the religious rights of the Muslim community. The plea contends that this violates Articles 25 and 26 of the Constitution, which protect religious freedoms and the autonomy of religious affairs.
The association also disputed the State's claim that earlier Muslim marriages were not required to be compulsorily registered. They highlighted a 2010 amendment to the 1935 Act that made such registration mandatory.
Additionally, the petitioner stated that they had submitted a memorandum to the Assam Chief Minister, proposing amendments to the 1935 Act, including setting the legal marriage age at 21 for males and 18 for females.
A Bench comprising Justices Lanusungkum Jamir and Kaushik Goswami noted that the question of interim relief would be addressed in the next hearing.
