Section 116. Solemnization and registration of marriages. (ADMINISTRATION OF MUSLIM LAW ENACTMENT

ENACTMENT No. 9 Of 1962
ADMINISTRATION OF MUSLIM LAW ENACTMENT

PART VI - MARRIAGE AND DIVORCE

Section 116. Solemnization and registration of marriages.

(1) Marriages shall only be solemnized according to Muslim Law by a Registrar of the place in which such marriages are solemnized:

Provided that when there is a wali present it shall be lawful for such wali to solemnize the marriage in the presence and with the permission of the Registrar of the kariah in which such marriage is solemnized.

(2) After the solemnization of the marriage by a wali under the preceding sub-section the Registrar in whose presence and with whose permission such marriage was solemnized shall on receipt of the prescribed registration fee register such marriage by entering the particulars thereof in the register kept by him for that purpose and shall issue certificates of such marriage, one to the husband and one to the wife.

(3) A Registrar may solemnize marriages at the request of the wali of the woman to be wedded but before solemnizing such marriage he shall make a fun enquiry in order to satisfy himself that there is no lawful obstacle according to Muslim Law to the marriage and shall not perform the ceremony until he is so satisfied. For the purpose of such enquiry he may require any Muslim to appear before him to give evidence or produce of document.

(4) If there is no wali of the woman to be wedded or her wali is unavailable or a wali shall without adequate reason to be approved by the Registrar refuse his consent of the marriage, the marriage may be solemnized by the Registrar for the kariah in which the woman to be wedded ordinarily resides but before solemnizing such marriage the Registrar shall make enquiry as prescribed in sub-section (3) of this section and in cases where the wali is unavailable or refuses to give consent to the marriage shall, if the Registrar is not himself a Kathi, obtain the approval of the Kathi or Kathi Besar. For the purpose of an enquiry under this sub-section a Registrar may exercise all the powers conferred by subsection (3) of this section.