section 9
Power and Responsibilities of the Marriage and Divorce Registrar
The Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024General202429 sections
Statutory text
- (1) The Marriage and Divorce Registrar shall not ordinarily refuse to register a marriage or divorce under this Act without having valid and sufficient reasons: Provided that if there are sufficient grounds exist to refuse registration in any case, the Registrar shall pass a reasoned order and forthwith furnish copy of such order, free of cost, to the applicants.
- (2) If the Marriage and Divorce Registrar, during scrutiny of the documents has found that either of the parties to the marriage solemnized is a minor, he or she shall immediately report the same and transmit all relevant records to the jurisdictional Child Marriage Prohibition Officers appointed under the provisions of Prohibition of the Child Marriage Act, 2006 for collecting further evidence for the effective prosecution of persons contravening the provisions of the said Act and for initiating appropriate legal action.
- (3) For the purpose of this Act, the Marriage and Divorce Registrar shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely:—
- (a) summoning and enforcing the attendance of witnesses and examining them on oath;
- (b) discovery and inspection;
- (c) compelling the production of documents;
- (d) reception of evidence of affidavits; and
- (e) issuing commissions for the examination of witnesses; Any proceeding before the Marriage and Divorce Registrars shall be deemed to be a judicial proceeding within the meaning of sub-section (1) of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Explanation:- For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage and Divorce Registrar shall be within the local limits of his notified jurisdiction.
- (4) The Marriage and Divorce Registrar shall exercise such other powers as may be prescribed.
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