Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act

The Gauhati High Court has recently asked the Assam Government to file its response by June 24 in a plea challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. 

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has issued notice to the State Government in a writ petition filed by the All Assam Muslim Marriage and Divorces Registrar and Kazi Association.

“…the petitioners pointed out that the repeal of the Marriage and Divorces Act has led to a vacuum, with no law governing Muslim marriages or divorces in existence at present. The counsel for the petitioner voiced the concern that child marriages may increase in such a situation,” the Sentinel reported.

It is to be noted that the Assam Muslim Marriages and Divorces Registration Act of 1935 was repealed by an Ordinance passed by the State Government on March 15, 2024. 

According to the Sentinel's report, an interim order on the matter was sought by the petitioners to enable them to conduct marriages between men and women of legal age and also for divorces, but the division bench refused interim relief, citing the Model Code of Conduct now in force on account of the ongoing Lok Sabha elections.

“Learned counsel for the respondents are already in receipt of copy of the writ petition. They may file their response to the writ petition by the next date of hearing,” the Court said.

The matter is listed again on June 24.

Case Title: All Assam Muslim Marriages and Divorces Registrar And Kazi Association v. The State of Assam & 3 Ors.

Case No.: WP(C)/2163/2024

Click Here To Read/Download Order