The registration of Muslim marriages in India is not compulsory. In some States, statutes exist under which facilities for voluntary registration of marriages are provided. The earliest statute of this nature is the Bengal Mohammedan Marriages and Divorces Registration Act, 1876.
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This enactment is now applicable in Bihar and West Bengal. In Assam, the Assam Muslim Marriages and Divorces Registration Act was passed in 1935, and in Orissa, the Orissa Mohammedan Marriages and Divorces Registration Act was passed in 1947. These statutes are based on the Bengal Act of 1876.
ADVERTISEMENTS:
No other State has provided for the registration of marriages. It is submitted that a Union statute should be enhanced for the compulsory registration of all marriages (Muslim as well as non-Muslim), and non-judicial divorces. This job may be assigned to the local self-government bodies, down to the level of the gram panchayats. It is hoped that even the ulema will agree to such a measure.
Issuance of marriage certificate by muthavally was held valid as muthavally is an officer of jurnayath and even if he is appointed later to the marriage can issue certificate by going through the records of the Jumayath.
In Seema v. Ashwani Kumar, the Supreme Court has held that the marriages of all persons who are citizens of India whether belonging to any religion should be made compulsorily registrable in their respective states. Registration of marriages would come within ambit of expression vital statistics as envisaged by Sch. VII List III Entry 30 of Constitution of India.
In furtherance to this he Supreme Court has given directions to all stated and union territories to file compliance report. Some stated have complied with directions (Andhra Pradesh, Bihar, Chhattisgarh, and Goa, M.P., Karnataka, Meghalaya, Mizoram, Sikkim, T.N., Tripura). Some states and UTs which have been chosen to be quiet on this except with regards to Hindus have been granted a period of 3 months for compliance.