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MARRIAGE AND DIVORCE OF MOHAMMEDANS ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Marriage Act and Marriage of Africans Act not to apply in certain cases.

   2.   Mohammedan marriages and divorces.

   3.   Minister may appoint registrars.

   4.   Registrars to keep books.

   5.   Marriages and divorces to be registered.

   6.   Registrar to make inquiry.

   7.   If satisfied, registrar shall register.

   8.   By whom registers must be signed.

   9.   Free copies of entries to parties.

   10.   Record of refusals to register.

   11.   Appeals from refusals.

   12.   Quarterly returns.

   13.   Safe custody of returns and books, etc.

   14.   Registers, etc. to be open for inspection, and copies to be obtainable.

   15.   Rules.

   16.   Savings.

   17.   Offences and penalties.

   18.   Jurisdiction in divorce cases.

      Schedule   Register books.

CHAPTER 252
MARRIAGE AND DIVORCE OF MOHAMMEDANS ACT.

Commencement: 15 April, 1906.

   An Act relating to marriage and divorce of Mohammedans.

1.   Marriage Act and Marriage of Africans Act not to apply in certain cases.

   The Marriage Act and the Marriage of Africans Act shall cease to apply to the celebration of marriages between persons both of whom profess the Mohammedan religion, and neither of whom is a party to an existing marriage, under or declared valid by those Acts, with any person other than a Mohammedan.

2.   Mohammedan marriages and divorces.

   All marriages between persons professing the Mohammedan religion, and all divorces from such marriages celebrated or given according to the rites and observances of the Mohammedan religion customary and usual among the tribe or sect in which the marriage or divorce takes place, shall be valid and registered as provided in this Act.

3.   Minister may appoint registrars.

   The Minister may by statutory order appoint any person, hereafter called a registrar, to register Mohammedan marriages and divorces which have been effected within certain specified limits; and the registrar may appoint persons to be deputy registrars within those limits, and hereafter "registrar" shall include a deputy registrar.

4.   Registrars to keep books.

   Every registrar shall keep up the following register books, which shall be supplied to him or her by the Minister—

   (a)   Book 1—register of marriages in the Form A in the Schedule to this Act; and

   (b)   Book 2—register of divorces in the Form B in that Schedule.

5.   Marriages and divorces to be registered.

   (1) Application for registration shall be made within one month from the date of the marriage or divorce, before a registrar in the manner and by the persons following—

   (a)   in the case of a marriage, by the husband, or in the event of his death before the expiration of one month from the date of the marriage, by the widow; but if either party whose duty it is to apply is a minor, the application shall be made by his or her lawful guardian, and if the widow be a purdah-nisheen the application shall be made by her personally or on her behalf by her duly authorised vakil;

   (b)   in the case of a divorce—

      (i)   other than of the kind known as Khula, by the man who effected the divorce; and

      (ii)   of the kind known as Khula, by the parties to the divorce jointly,

but if the woman is a purdah-nisheen the application may be made on her behalf by her duly authorised vakil.

   (2) Nothing in this section shall prevent a woman or, if she is a purdah-nisheen, her authorised vakil, or her guardian applying for the registration of marriage or divorce if the man fails to apply, or a minor from so applying if hi

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