The Mizo Marriage, Divorce and Inheritance of Property Act, 2014

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008

VOL - XLIII Aizawl, Wednesday 17.12.2014 Agrahayana 26, S.E. 1936, Issue No. 570

NOTIFICATION No. H. 12018/233/2013-LJD, the 4 th

December, 2014.The following Act is hereby re-published

for general information. The Mizo Marriage, Divorce and Inheritance of Property Act, 2014 (Act No. 9 of 2014) {Received the assent of the Governor of Mizoram on the 28th November, 2014}.

Zahmingthanga Ralte,

Deputy Secretary to the Govt. of Mizoram. Act. No. 9 of 2014 THE MIZO MARRIAGE, DIVORCE AND INHERITANCE OF PROPERTY ACT, 2014 An Act to provide for the law relating to Marriage, Divorce and Inheritance of Property among the Mizo and connected matter therewith. It is enacted by the Mizoram Legislative Assembly in the Sixty-Fifth year of the Republic of India as follows, namely :- CHAPTER - I PRELIMINARY

(1) This Act may be called the Mizo Marriage, Divorce and Inheritance of Property Act, 2014. (2) It extends to the whole of Mizoram except the three Autonomous Districts in Mizoram constituted under the Sixth Schedule to the Constitution of India. (3) It shall come into force from the date the Government may by Notification in the Official Gazette appoint.

This Act applies to any person who belongs to any Mizo tribe. It also applies to marriages where male members of the parties belongs to any Mizo tribe.

Marriage price : The marriage price consists of man pui which is not less than ^ 420/-.

Settlement of marriage price : The marriage price paid through palai shall be recorded in writing as per Schedule I in two copies and are signed by the head of the bride’s family and by the palai. One copy is for the bride’s family and the other copy for the bridegroom. The main marriage price when received is distributed as man `ang by the head of the family to different persons mostly near relatives, in the manner shown in Schedule II.

Notice of intended marriage : Notice of intended marriage is to be given to the Licenced Officer by the parties desire to solemnize the marriage. Upon receipt of such information, the Licenced Officer shall fix the date and place for solemnization in consultation with the concerned parties. He will cause notice of the intended marriage to be affixed in some conspicuous place or make announcement as per the rule, mode or practice of the religious denomination of which he is a Licenced Officer.

(1) The marriage may be solemnized by the Licenced Officer who will include any ordained Minister/Reverend/Pastor/Authorised Elder (Upa)/Commissioned Officer/Priest (Tirhkoh)/ Ordained Priest of Religion according to the rules, rites, ceremonies and custom of the Religion of which he is holding such office. (2) The marriage must be solemnized in the presence of at least two witnesses besides the Licenced Officer who administers solemnization and that the best man and the bridesmaid will be competent witnesses.

A man and a woman living together on inru or tlandun or fan or luhkhung is not a valid marriage unless regularised under this Act. Explanation: (i) ‘inru’ means a man taking a woman to live with him as his wife; (ii) ‘tlandun’ means elopement of a man and a woman; (iii) ‘fan’ means a man leaving his house and living with a woman in the woman’s house as husband and wife; (iv) ‘luhkhung’ means a woman leaving her house and living with a man in the man’s house as husband and wife;

A man cannot enter into a marriage with any of the persons the rules or practice of the religious denomination of which he is a member prohibits and a woman cannot enter into a marriage with any of the persons the rules or practice of the religious denomination of which she is a member prohibits.

The living together as husband and wife of (a) two persons of the same sex (b) a person with another person having a spouse living and (c) either or both are under age are void ab- initio.

(1) A certificate of marriage is to be issued by the Licenced Officer who administers solemnization and the certificate so issued will be the conclusive proof of marriage. (2) In the certificate so issued, the words ‘See section 7 of the Mizo Marriage, Divorce and Inheritance of Property Act, 2014’ or In accordance with the Mizo Marriage, Divorce and Inheritance of Property Act, 2014’ must be inserted as a mark of judicial authentication. (3) In case of others, a certificate issued after settlement of Marriage Price vide Schedule I and duly registered under the Mizoram Compulsory Registration of Marriages Act, 2007 shall be a conclusive proof of Marriage.

Every marriage solemnized under this Act shall be registered under the Mizoram Compulsory Registration of Marriage Act, 2007 or any other law for the time being in force.

(1) Any marriage before or after the commencement of this Act, may, on petition presented to the court either by the husband or the wife, be dissolved and a divorce decree be granted on the following grounds : (i) the respondent has committed adultery; or (ii) due to irreconciliable incompatibility; or (iii) the respondent has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent; (iv) the respondent has been incurably of unsound mind for a continuous period of not less than three years immediately preceeding the presentation of the petition; (v) the respondent has, for a period of not less than three years immediately preceeding the representation of the petition, been suffering from a virulent and incurable form of leprosy or any disease in a communicable form which endangers the life of the spouse; (vi) the respondent has not been heard of as being alive for a period of seven years or more by those persons who would have naturally have heard of the respondent if the respondent had been alive; (vii) the wife refuse to go on ‘Lawi’; (viii) the respondent has wilfully refused to consummate the marriage and the marriage has thereof not been consummated; (ix) the respondent has deserted the petitioner for at least two years immediately preceeding the presentation of the petition; (x) by mutual consent; (2) A wife or husband may also present a petition for the dissolution of their marriage on the ground that the spouse has, since the solemnization of the marriage been found guilty of rape, sodomy or bestiality.

Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section(1) of section 13. (2) Where a decree for judicial separation has been passed, the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. (3) A proceeding for judicial separation shall not exceed a period of six months and after the expiry of six months, the Court shall pronounce dissolution of marriage within a period of sixty days.

In case the court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at the going through of the said form of marriage, or has condoned the adultery complained of, the court shall pronounce a decree, and grant a Certificate of Divorce as in Schedule III declaring such marriage to be dissolved.

(1) The Court exercising jurisdiction under this Act, may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife, the husband, the minor male child or the unmarried daughter unable to maintain themselves as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, as it may seem to the court to be just and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub section (1), or the party in whose favour an order has been made has re-married, or becomes unchaste, it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem fit and proper with respect to the custody, maintenance, education and welfare of minor children, consistent with their wishes wherever possible, and upon application by the petition may also from time to time revoke, suspend or vary any such orders and provisions previously made, and may, if it thinks fit, direct proceeding to be taken for placing such children under the protection of the Court. Guardianship of the child shall also be decided by the Court as per the existing law in force keeping in mind the best interest of the child. Provided that a child below the age of three years shall be in the custody of the mother unless the mother is found unfit by the Court for reasons to be recorded in writing as the custodian of the child.

Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or, an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again, or when a person become single after the death of his/her spouse.

Every petition under this Act shall be presented to the court within the local limits of whose original jurisdiction - (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition resides; or (iii) the parties to the marriage last resided together;

Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties.

For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or the court thinks fit it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding two months and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court whether reconciliation can be and has been effected and the court shall in disposing of the proceeding have due regard to this report.

In every case where a marriage is dissolved by a decree of divorce, the court passing the decrees shall give a copy thereof free of costs to each of the parties.

All movable and immovable properties inherited and acquired, which is not registered in the name of any member of the family living under the same roof are deemed to be the property of the head of the family.

If a woman leaves her husband on sumchhuah, she will have no right over the acquired property except her personal property.

Provided that if she was compelled to leave her husband on sumchhuah by her husband’s domestice violence or cruelty, or her husband is wantonly sexually unfaithful or insanity of her husband, or depriving her of conjugal right except on health ground, she can not be deprived of her right over the acquired property.

Explanation : ‘sumchhuah’ means a married woman leaving her husband by returning marriage price.

(1) If the husband divorces his wife on mak except on ground of adultery or deprivation of her husband of his conjugal right, she will have share over the acquired property of any kind. The personal property of the woman shall not be disturbed. (2) If a man divorces his wife on ground of adultery or deprivation of his conjugal right except on health ground, she will have a share over the acquired property not exceeding 25 % alongwith her personal property. Explanation : ‘ma’/‘mâk’ means a wife divorced by her husband.

A woman leaving her husband on mâk’ or kawngka sula mâk shall have a share of the acquired property and shall be given a share not exceeding fifty percent of the acquired property. (2) Married couple who have separated on mutual consent will share acquired property as mutually agreed or deemed just and proper. (3) A couple who have separated under clause (iv) or (v) of sub-section (1) of section 13 of the Act shall share the acquired property equally. (4) A person who has deserted the family under clause (ix) of sub-section (1) of section 13 of the Act shall have no share over the acquired property. Explanation : Kawngka sula mak means when a man find a girl, he prefers to his wife and divorces his wife on the same day or after some period of time marriage the girl, the divorce is known as kawngka sula mak. The literal meaning of Kawngka sula mak is to marry another wife in which the old wife goes out of the door and the new wife comes in.

Gift of property to a son/daughter leaving family on indang. If a son or daughter leaves his/ her family on indang as per the desire of the head of the family, the head of the family may give any of his/her property other than such son’s or daughter’s personal property. Explanation : ‘indang’ means a son or daughter leaving his/her father’s house for independent and separate etablishment or family which is accepted by the head of family.

(1) The civil court having original jurisdiction over the area where the legatee resides shall have the power. (2) to grant probate of the original will produced before him by the executor regardless of the place where the property situates. (3) to grant heirship certificate in respect of any property as per Schedule IV (4) to adjudicate upon any dispute arising out of and within the scope of this Act.

If a woman predeceased her husband, her personal property will devolve to her surviving husband. (2) If she has no surviving husband, then her property will be divided as if the property of the Head of the Family is divided as in Section 31. However, the youngest son will have one extra share.

The one who supports the owner of specified property till his/ her death as desired by the owner of that property is entitled to first preference to inheritance of that property irrespective of the order of preference given in Section 31 and 32.

The son who has left his father’s house on indang and the married daughter will have no share of the property left by their father or mother except as provided in sections 31 and 32. Explanation : For the purpose of inheritance, the son even if married or unmarried daughter living in another village, town or city or in a foreign country for employment, service or profession is not indang.

A divorced daughter who has returned to her father’s or mother’s house will be treated as unmarried daughter for the purpose of inheritance.

A person who inherits property cannot disown himself or herself of the liabilities left by the person whose property he/she inherits.

The right to inherit will operate only after the death of the person who owns property.

Even though the legal heirs might have taken their shares of the property left by the deceased father, the surviving wife cannot be deprived of her right to live in and to enjoy the house property of her deceased husband and its appurtenant including the benefits thereof provided however that she remains a chaste widow.

Save as otherwise provided, the provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

(i) The Mizo District (Inheritance of Property) Act, 1956 is hereby repealed provided that all acts done thereunder shall be deemed to have been done under this Act. (ii) Nothing contained in this Act shall affect the validity of any marriage between the Mizo, which is otherwise valid, before the commencement of this Act. (iii) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

Provided that no such notification shall be issued after the expiry of two years from the commencement of this Act.

(Sec. 5 of the Act) SETTLEMENT OF MARRIAGE PRICE Name of bridegroom : Mr _______________________________s/o______________________ Age _____ Religion____________________ Tribe/Community _____________________________ Village _____________________________PO & PS___________________________ District ___________________________ State ______________________________ Name of bride : Miss _____________________________d/o________________________ Age ____ Religion____________________ Tribe/Community_____________________________ Village _____________________________PO & PS___________________________ District ___________________________ State _______________________________ Main marriage price given : ^ ____________ (Rupees ______________________________________________________________) ~hutphah ^ 20/- (Rupees twenty).~hutphah is returned through palai. Date & Time of settlement : ________________________ Place: ________________________ City/Town/Street: ________________________ This document is duly executed on this _____th day of __________ 20___ at _________am/ pm in the house of ____________, and in witness whereof we put our signatures below : (Mr/Mrs _________________) Marriage price receiver Names of Palai / Witness : 1.(Mr/Mrs __________________ )2.(Mr/Mrs ____________________) • 11 -Ex-570/2014 Schedule II (Sec. 5 of the Act) MAN ~ANG (SUBSIDIARY MARRIAGE PRICE) 1.Sum hmahruai:normally^ 60/- 2.Sumfang:normally^ 50/- 3.Pusum:normally^ 40/- 4.Palal:normally^ 30/- 5.Niar:normally^ 20- 6.Naupuakpuan:normally^ 20/- 7.Nu man:normally^ 20/- Explanations : 1. Sum hmahruai: A share taken by the father/receiver of marriage price or given to his/her brother or son who has separate establishment. 2. Sumfang: A share given by the father/receiver of marriage price to his/her brother or to his/ her son who has separate establishment. 3.Pusum: A share given to the maternal grandfather of the bride i.e. mother’s father. If he is not alive, bride’s mother’s brother will get. 4.Palal:A share given to a person the bride has chosen to be her new found father of the locality where she get married and who in turn looks after her as his daughter. 5.Niar: A share given to the sister of the bride’s father. In the absence of such aunt, a relative woman who can take such a place or relationship may get the share. 6.Naupuakpuan: A share given to the elder sister of the bride as a reward for her taking care of and for being a sister of the bride when she was a baby. In the absence of such a sister, another woman who can take such a place or relationship may get the share. 7.The father of the bride or receiver of the marriage price may not necessarily sharesum hmahruai andsumfang to any body. 8.Nu man is paid to the mother, who gave birth to the bride. It arises only when the father and mother of the bride are not married or divorced. Secretary, Law & Judicial Deptt., Govt. of Mizoram.

(Sec. 14 of the Act) NAME OF COURT DIVORCE CERTIFICATE NO. ____ OF _______ This is to certify that Smt. ___________________ d/o __________________________ (Name of father) or (name of mother) of _______________________________ (Name of village) and Shri ___________________________ (Name of ex-husband) s/o___________________________ of ______________________ who were married on _________________________ were divorce from each other by way of ___________________ under ______________________________________ with effect from ____________________________ due to _____________________. Hence their marriage stands dissolved. Name and Signature of Issuing Authority with Seal • 12 -Ex-570/2014

(Sec. 30 of the Act) HEIRSHIP CERTIFICATE IN THE COURT OF ______________________ ____________________________________ ______________ DISTRICT HEIRSHIP CERTIFICATE APPLN. NO. ___________ OF _______ UND E R S ECT ION __________ OF THE MIZO MARRIAGE, DIVORCE AND INHERITANCE OF PROPERTY ACT, 2014 To, _________________________________ R/0 ______________________________ Whereas on the death of your _____________ on ________ you applied for a Heirship Certificate under the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 in respect of the following properties namely :- This certificate is accordingly granted to you __________s/o,d/o, w/o ______________________ r/o ________________ and declare you as the legal heir of the deceased ____________ in respect of the above mentioned properties. Memo No. ______________________________: Dated ________________ the, _____________ JUDGE _____________________________________________________________________ Sl. No. 1. 2. 3. Description of the Property Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/100