Muslim marriage act was drafted into Indian Legal System in year 1954, Act regulates solemnization of marriage among Muslim community in India. According to this act, both bride and groom are to be consent of marriage of their free wills. A formal, binding contract verbal or in paper is considered integral to a religiously valid Muslim. Marriage and others outline right and responsibilities of bride and groom. This act applies to all Indian citizens. Whether a resident in India or abroad. Jammu and Kashmir are kept out under ambit of this Muslim Marriage Act, residence domiciled other states but resident domiciled in other states but resident in J&K would qualify for these provisions.
Requisites of Muslim Marriage
Both parties (groom & bride) should belong to and professes Muslim faith or religion
Each of parties should as regards age, mental capacity and otherwise, be capable of contracting marriage
bride and groom will not because of anything contained in Islamic law relating to marriage be prohibited from marrying one another
As per this act, Muslim bride and groom, understanding nature of contract, will freely consent to marry one another
Muslim marriage will be affected by or before a person appointed as a marriage officer under provisions of Muslim Marriage Act
Marriage will be registered following provisions of Muslim Marriage Act
Not – applicable to Act
Muslim marriage act does not apply to following type of marriage. Some will be null and void ab initio
This act is not applicable if either of parties has or had a wife or husband alive at time of contracting and registering marriage
Muslim Marriage Act is not applicable if either party is directly descended from other
If bride is a sister of male either by full or half-blood, marriage won’t be solemnized under Muslim Marriage Act
If groom is a sister of female either by full or half-blood, marriage won’t be solemnized under Muslim Marriage Act.
Age Limit and Consent
To be a member of Muslim Community is must be capable of contracting marriage will be sixteen years. If a male is being less than 21 years old and for females, 16 years of age is required and he/she must not be a widower or widow.
Father if living
If father is dead, guardians lawfully appointed or of one of them
If there is no guardian, then of mother
If there is no mother living, then of such other persons as may be appointed by Minister
Muslim Marriage certificate Application Registration:
Immediately after Muslim marriage has been affected by or before a marriage officer, he/she will be entered in book of Registrar-General and kept by a marriage officer. A Muslim marriage certificate prescribes format of marriage will be signed by marriage officer and by parties of marriage by two credible witnesses.
Every officer within seven days a marriage being affected by or before him. Upon receipt of this certificate Registrar General. Without reasonable cause or excuse fails to transmit to registrar-general any certificate with provision of this act will be guilty against this act and liable on summary conviction before a resident magistrate to fine not exceeding $ 20.
Correction of Clerical Errors in Register Book
If is there any error in marriage certificate in his office and registration book and will authenticate every such correction by his signature and date of such correction.
Search in Register Book
Payment of prescribed fees, Registrar-General wills reasonable time allow searching to be done in Registrar book and swill gives certificate copies.
Application of Legitimate Act
legitimate act will apply to muiatis, mutandis, to personal legitimate because of registration under provision of Muslim Marriage Act.