Download Analysis of the Jammu and Kashmir Muslim Marriages Registration Act, 1981 and more Cheat Sheet Family Law in PDF only on Docsity!
1Shorttitle,extent and commencement
This Act is called the Jammu and Kashmir Muslim Marriages Registration Act. 1981.
lt apples throughout Jammu and Kashmir.
It comesinto torce on a date the Government annonces by notification.
llustration: Suppose the Government^ issues^ a^ notification
saying the Act wil apply in Srinagar from 1st
January 19s2, from that date. all Muslim marriages in Srinaqar Must^ tolloW^ this^ law.
2 Defnitions
Defnes terms like.
Schedule - an annenix attached to the Art
2. Defnitions
Defnes terms ike.
Schedule - an appendix attached to the Act.
Sub-Registrar - official appointed under the Registration Act Samvat 197.
Sub-district - (^) division (^) formed (^) under (^) the (^) Reajstration Act, Samvat 147.
llustration:
fa (^) Nikah (^) takes (^) place in (^) Anantnag. the
Sub-Registrar apponted there under the Registration Act will handle the registration.
3. Registration of marriages
Fverv Miuslim marriane after the Ant must he
(or the mam who conducted the Nikah) must send he Nikah-Nama to the local Sub-Registrar by 12th March 1483.
Maintenance and preservation of Regjster and Nikah-Narma
Sub-Registrar mu
Keep all copies of Nikah-Namas and memoranda.
Maintan a Register of Muslim Mariages.
Record details cach calendar year with his signature.
llustration:
The Sub-Registrar at Bramulla maintans a regjster
where he records all marriages reported during 198t in a bound book for official record.
- Person^ conducting^ the^ Nikah^ Ceremony^ to^
record
is particulars
The Nikah^ conductor^ must^ record^ on^ the^
Nikah-Nama or memorandum:
Full name
Parentage
Age
Place of residence
llustration: Mauli Muharmmad Yousuf conducts a Nikah. On the Nikah-Nama, he writes: "Muhammad Yousut son of
Abdullah. aged 50. resident of Kupwara"
G. Inspection
8. Penalty for neglecting to comply with the
provisions of section 3
nyone who willfully omits or nealects to send the
Nkah-Nama can be fned up to 300 rupees by a
Judicial Magistrate.
llustration: f Maulvi Yousuf forgets to send the Nikah detals
despite reminders. he can be fned 300 by the
Magistrate.
- Power to make rules
The Government may make rules to implement this
Act effectively.
Rules may cover:
Form and maintenance ot Nikah-Namas and Registers.
Magistrate.
- Power^ to^ make rules
The Government^ may^ make^ rules^ to^
implement this
Act cffectively.
Rules may cover:
Form and^ maintenance^ of^ Nikah-Namas^ and^ Registers.
Custody and^ preservation^ of^ records.
Acknowledgement process^ for^ reccipt^ of^ documents.
lustration: The Government may issue a rule sayng the Nikah-Nama must be submitted in duplicate, with
specific columns^ for^ dower^ details.
