The JAMMU AND KASHMIR MUSLIM MARRIAGES REGISTRATION ACT, 1981

MUSLIM MARRIAGES
REGISTRATION ACT, 1981
(Act No. XXII of 1981)
THE JAMMU AND KASHMIR MUSLIM MARRIAGES
REGISTRATION ACT, 1981
(Act No. XXII of 1981)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Registration of marriages.
4. Maintenance and preservation of Register and Nikah-Namas.
5. Person conducting the Nikah Ceremony to record his particulars.
6. Inspection.
7. Non-delivery of Nikah-Nama or memorandum not to invalidate Nikah.
8. Penalty for neglecting to comply with the provisions of section 3.
9. Power to make rules.
SCHEDULE
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MUSLIM MARRIAGES REGISTRA TION ACT, 1981 295
THE JAMMU AND KASHMIR MUSLIM MARRIAGES
REGISTRATION ACT, 1981
(Act No. XXII of 1981)
An Act to provide for the Registration of Muslim Marriages and for
matters connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-
second Year of the Republic of India as follows :––
1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Muslim Marriages Registration Act, 1981.
(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].
2(3) It shall come into force on such date as the Government may, by
notification in the 3[Government Gazette] appoint and different dates may be
appointed for different areas of the 4[Union territory of Jammu and Kashmir].
2. Definitions.––In this Act, unless the context otherwise requires,––
(a) “Schedule” means a Schedule to this Act ;
(b) “Sub-Registrar” means a Sub-Registrar appointed under 5[the
Registration Act, 1908 (16 of 1908)] ;
(c) “Sub-district” means a sub-district formed under 5[the Registration
Act, 1908 (16 of 1908)].
3. Registration of marriages.––(1) Every marriage contracted between
Muslims after the commencement of this Act, shall be registered as hereinafter
provided, within thirty days from the conclusion of the Nikah Ceremony.
(2) In the case of each such marriage, the duty of causing it to be registered
is hereby imposed upon the following persons concerned in the marriage :––
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State”.
2. This Act is yet to be enforced.
3. Now Official Gazette.
4. Now Union territory of Jammu and Kashmir.
5. Substituted for “the Registration Act, Samvat 1977” by S.O. 1229(E) dated 31.03.2020.
296 MUSLIM MARRIAGES REGISTRA TION ACT, 1981
(a) the bridegroom or the person who consented to the marriage on his
behalf ;
(b) the bride or the person who consented to the marriage on her
behalf ; and
(c) the person who conducted the Nikah Ceremony.
(3) It shall be the duty of the person specified in sub-section (2) to
deliver personally or by registered post a copy of Nikah-Nama or where no
Nikah-Nama is written, a copy of memorandum in the form contained in the
Schedule duly filled in by the person specified in caluse (c) of sub-section (2)
to the Sub-Registrar of the Sub-district in which the marriage is contracted.
(4) There shall be recorded on every copy of Nikah-Nama or memorandum,
as the case may be, the amount of dower prompt and deferred separately as
also the manner of payment thereof.
4. Maintenance and preservation of Register and Nikah-Namas etc.––
Every Sub-Registrar shall––
(i) preserve in his office copies of all Nikah-Namas and memoranda
received under section 3 and shall maintain a Register to be called
a Register of Muslim Marriages ; and
(ii) record or cause to be recorded under his signatures in the Register
of Muslim Marriages the particulars of all Nikah-Namas and
memoranda received by him during each calendar year.
5. Person conducting the Nikah Ceremony to record his particulars.––
Every person who conducts the Nikah Ceremony shall record on the Nikah-
Nama or the memorandum, as the case may be, his full name, parentage, age
and place of residence.
6. Inspection.––The Register of Muslim Marriages maintained by the
Sub-Registrar shall at all reasonable times be open for inspection and shall be
admissible as evidence as a public document as defined in 1[Indian Evidence
Act, 1872 (1 of 1872)].
7. Non-delivery of Nikah-Nama or memorandum not to invalidate
Nikah.––No Nikah shall be deemed to be invalid solely by reason of the fact
1. Substituted for “Evidence Act, 1977” by S.O. 1229(E) dated 31.03.2020.
MUSLIM MARRIAGES REGISTRA TION ACT, 1981 297
that a copy of the Nikah-Nama or memorandum, as the case may be, was not
delivered to the Sub-Registrar or that the copy of the Nikah-Nama or
memorandum delivered to the Sub-Registrar was defective.
8. Penalty for neglecting to comply with the provisions of section 3.––
Any person who willfully omits or neglects to deliver to the Sub-Registrar of
the Sub-District a copy of the Nikah-Nama or the memorandum, as required by
section 3, shall on conviction by a Judicial Magistrate be punished with fine
which may extend to three hundred rupees.
9. Power to make rules.––(1) The Government may make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may provide for any or all the following matters, namely :––
(a) the form and manner in which Nikah-Namas and memoranda shall
be maintained under this Act ;
(b) the form and manner in which the registers shall be maintained by
the Sub-Registrar under this Act ;
(c) the custody in which the registers and files and other records are
to be kept and the manner in which registers, files and records are
to be reserved ; and
(d) the form and manner in which the receipt of Nikah Namas and
memoranda delivered under section 3 shall be acknowledged by
the Sub-Registrar.
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SCHEDULE
[See sections 2 (a) and 3]
1. Place of marriage (with sufficient particulars to locate the place.)
2. (a) Full name of the bridegroom.
(b) His age.
298 MUSLIM MARRIAGES REGISTRA TION ACT, 1981
(c) His place of residence.
(d) Address.
(e) Full name of bridegroom’s father.
(f) Whether father is alive or dead.
(g) Civil condition of the bridegroom at the time of marriage
whether––
Un-married
Widower
 Divorced
Married, and if so, how many wives are alive.
(h) Signature or thumb impression of the bridegroom/Vakil/
Guardian according as the Nikah was performed in person by
the bridegroom or through his Vakil or Guardian.
3. (a) Full name of the bride.
(b) Her age.
(c) Her place of residence.
(d) Address.
(e) Full name of the bride’s father.
(f) Whether father is alive or dead.
(g) Civil condition of the bride at the time of marriage whether––
Un-married
Widow
Divorced.
(h) Signature or thumb impression of the bride/Vakil/Guardian
according as the Nikah was performed in person by the bride
or through her Vakil or Guardian.
MUSLIM MARRIAGES REGISTRA TION ACT, 1981 299
4. (a) Full name of Nikah-Khan (that is the person conducting the
Nikah Ceremony.)
(b) His age.
(c) Place of residence.
(d) Address.
(e) Signature of the Nikah-Khan (i.e person conducting the Nikah
Ceremony with date.)
(f) Father’s name.
5. (a) Amount of dower fixed.
(b) Manner of payment of dower.
6. Name of witneses with parentage, residence and address.
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