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Report No. 211

Chapter VIII

Registration of Divorces

A. Divorces Obtained Outside the Court

The Hindu Marriage Act 1955 recognizes and protects divorces obtained under customary law (Section 29), but makes no provision for registration of such divorces effected outside the court.

The Muslim Marriage and Divorce Registration Acts applicable in West Bengal, Bihar, Jharkhand, Orissa, Assam and Meghalaya - referred to above - provide for voluntary registration of out-of-court divorces with the Mohammedan Marriage Registrars appointed under those Acts by the State Governments. The following forms of divorce can be so registered in all the States:

(i) talaq (divorce by the husband),

(ii) khula (divorce at the instance of wife), and

(iii) mubara'at (divorce by mutual consent).

Separate forms are prescribed by these Acts for the registration of each of these categories of divorce.

The Orissa Mohammedan Marriage and Divorce Registration Act 1949 provides also for registration of talaq-tafwiz (divorce by wife in terms of a stipulation for this purpose in the marriage contract). It prescribes special forms for the registration of such divorces.

Registration of all divorces under all these laws is to be made on a voluntary basis; and non-registration of any divorce does not vitiate its legal validity.

Laws on Registration of Marriage and Divorce - A Proposal for consolidation and reform Back

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