MARRIAGE AND DIVORCE (MUSLIM)

(1) For the purposes of this Act, there shall be established a board, to be called ” The Muslim Marriage and Divorce Advisory Board “.

(2) The board shall consist of the person for the time being holding the office of Registrar-General, who shall be the Chairman of the board, and of not less than four nor more than nine Muslims (hereinafter referred to as ” nominated members “) nominated by the Minister.

(1) Every nominated member of the Muslim Marriage and Divorce Advisory Board shall, unless he earlier resigns his office as a member or is removed from office by the Minister, hold office for such period not exceeding three years as may be specified by the Minister at the time of the nomination of that member.

(2) A nominated member who vacates his office by effluxion of time shall be eligible for renomination to the board.

(3) The Minister may remove any nominated member from office if he is satisfied that such member, without leave of the board first obtained, has failed to attend three consecutive meetings of the board :

Provided that the preceding provisions of this subsection shall not be deemed in any way to limit the power of the Minister to remove a nominated member from office for any other cause.

(1) The Chairman of the Muslim Marriage and Divorce Advisory Board shall preside at all meetings of the board at which he is present. In the absence of the Chairman from any meeting of the board the members present shall elect one of themselves to preside at that meeting.

(2) Four members of the board shall form the quorum for any meeting of the board.

(3) The Registrar-General may appoint an officer of his department to be or to act as the secretary of the board and it shall be the duty of the secretary to keep minutes of each meeting of the board.

(4) Subject to the provisions of this Act and any regulations made thereunder, the board may regulate its own procedure.

(1) The Registrar-General may, on application made in that behalf, appoint as a Registrar of Muslim Marriages any male Muslim who, in the opinion of the Registrar-General, is a fit and proper person to register marriages under this Act, and may, on payment of the prescribed fee, issue to him a certificate of appointment.

(2) The number of registrars that may be appointed under this section for any district shall be in the discretion of the Registrar-General.

(3) Every certificate of appointment under this section shall be made out .in foil and counterfoil, substantially in form I set out in the First Schedule, and shall specify the particular area in which the person named in the certificate is authorized to register marriages under this Act.

(4) The prescribed fee for a certificate of appointment under this section shall be paid in stamps, which shall be supplied by the applicant and shall be affixed to the counterfoil and duly cancelled by the Registrar-General.

(5) A list of the registrars appointed under this section shall be made and preserved in the office of, the Registrar-General,

(6) Every registrar appointed under this section shall reside within the area specified in his certificate of appointment as the area in which he is authorized to register marriages.

(7) The Registrar-General may, in his discretion, by order cancel any appointment made under this section and recall the certificate relating to such appointment,

(1) Where a registrar appointed under section 8 is temporarily absent from the area in which he is authorized to register marriages or is temporarily incapacitated for the performance of his duties under this Act by reason of illness or by any other sufficient cause, or is dead or has resigned or retired from office, the District Registrar may issue a certificate of appointment to any other fit and proper male Muslim to act as a temporary registrar in place of the aforesaid registrar for such period as may be specified in the certificate.

(2) Every certificate of appointment issued under this section shall be free of stamp duty and shall be valid only for the period specified therein.

(1) Whenever there is a special necessity for the appointment of a registrar otherwise than under section 8 or section 9, the Registrar-General may, on application made in that behalf, appoint as a special registrar any male Muslim who, in the opinion of the Registrar-General, is a fit and proper person to register marriages under this Act, and may, on payment of the prescribed fee, issue to him a certificate of appointment in the prescribed form.

(2) A special registrar may be appointed under this section either for the whole of Sri Lanka or for a special area thereof; but the exercise of the authority conferred by each appointment shall be limited to such cases or circumstances or be subject to such restrictions and conditions as may be specified by the Registrar-General in respect of that appointment.

(3) Every certificate of appointment issued under this section shall be made out in foil and counterfoil and shall specify the area for which the appointment is made and the cakes or the circumstances in which or the conditions and restrictions subject to which the authority conferred by the appointment is to be exercised.

(4) The prescribed fee for a certificate of appointment under this section shall be paid in stamps, which shall be supplied by the applicant and shall be affixed to the counterfoil and duly cancelled by the Registrar-General.

(5) A list of the special registrars appointed under this section shall be made and preserved in the office of the Registrar-General,

(6) A special registrar appointed under this section shall not register any marriage in any case or in any circumstance other than the cases or circumstances, or otherwise in accordance with the conditions and restrictions, specified -in his certificate of appointment.

(7) Any appointment made under this section may be cancelled, and the certificate relating thereto may be recalled, by the Registrar-General in his discretion.

(1) The Judicial Service Commission may appoint any male Muslim of good character and position and of suitable attainments to be a Quazi.

(2) Save as otherwise provided in section 13 or section 14, more than one person shall not be appointed to be a Quazi for the same area; and the area for which each Quazi is appointed shall be so fixed or delimited as to avoid any intersection with or overlapping of any other such area.

(3) Every appointment of a Quazi shall be notified in the Gazette.

(4) In the notification relating to the appointment of each Quazi the area for which he is appointed shall be specified.

(5) Every Quazi shall reside within the area for which he is appointed.

(6) The Judicial Service Commission may, in its discretion, cancel the appointment of any Quazi by notification in the Gazette.

(7) Every Quazi shall, unless he earlier resigns his office or his appointment is cancelled by the Judicial Service Commission, hold office for such period as may be specified in the notification relating to his appointment.

(1) Where a Quazi appointed for any area temporarily leaves the area or is temporarily incapacitated for the performance of his duties under this Act by reason of illness or by any other sufficient cause, the Judicial Service Commission may appoint a suitable person to act as a temporary Quazi for that area.

(2) The Judicial Service Commission may by Order published in the Gazette delegate to the Secretary to the Commission the power to make appointments under subsection (1), subject to such limitations as may be specified in the Order.

(1) Whenever there is a special necessity for the appointment of a Quazi otherwise than under section 12 or section 13, it shall be lawful for the Judicial Service Commission to appoint any male Muslim of good character and position and of suitable attainments to be a special Quazi.

(2) A special Quazi may be appointed under this section either for the whole of Sri Lanka or for any area thereof.

(3) In appointing a special Quazi, the Judicial Service Commission may specify the conditions or restrictions subject to which such Quazi shall perform his duties and functions under this Act; and such Quazi shall not act otherwise than in accordance with such conditions or restrictions.

(4) Every appointment of a special Quazi shall be notified in the Gazette.

(5) The Judicial Service Commission may in its discretion cancel the appointment of a special Quazi by notification in the Gazette.

(1) The Judicial Service Commission may appoint a Board of Quazis, consisting of five male Muslims resident in Sri Lanka, who are of good character and position and of suitable attainments, to hear appeals from the decisions of the Quazis under this Act.

(2) The appointment of the members of the Board of Quazis shall be notified in the Gazette.

(3)

(4) The Judicial Service Commission may, in any special circumstances, terminate the appointment of any member of the Board of Quazis by notification in the Gazette.

(5) Where the appointment of a member of the Board of Quazis is terminated by the Judicial Service Commission or any such member dies or resigns his office or, without the consent of the Judicial Service Commission leaves Sri Lanka for a period exceeding three months, the Judicial Service Commission may appoint a suitable person to fill the vacancy.

(6) The Registrar-General may appoint a person to be or to act as the secretary to the Board of Quazis, and the person so appointed shall perform all such duties and functions as may be assigned to the secretary by the provisions of this Act or the regulations thereunder or by a decision of the Board of Quazis not inconsistent with any such provision.

(1) Save as otherwise hereinafter expressly provided, every marriage contracted between Muslims after the commencement of this Act shall be registered, as hereinafter provided, immediately upon the conclusion of the Nikah ceremony connected therewith.

(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 :-

(3) For the purpose of. causing the marriage to be registered, it shall be the duty of the person specified in subsection (2)-

(4) Where the registrar, notwithstanding that the acts or measures required by subsection (3) have been done or taken, neglects or refuses to register the marriage, it shall be the duty of the persons specified in subsection (2) to send to the District Registrar, within the seven days next succeeding the date of the Nikah ceremony, a written report setting out the following particulars relating to the marriage :-

(5) Where any marriage which is required by this Act to be registered is not registered owing to default in doing or taking any act or measure required by any of the preceding provisions of this section, every person on whom the duty of doing or taking that act or measure is imposed by that provision shall be deemed to have failed to cause the marriage to be registered.

(6) The court convicting any person of the offence of failing to cause a marriage to be registered or of failing to send the District Registrar a report as to any marriage which the registrar has neglected or refused to register, shall send to the District Registrar, as early as may be after the close of the proceedings in respect of the offence, a report setting out such particulars relating to the marriage as are required by subsection (4).

(7) It shall be the duty of the District Registrar, on receipt of any report under subsection (4) or subsection (6), to satisfy himself by such inquiry or investigation as may appear to him to be adequate, that the marriage has taken place and that it has not been registered, to verify the particulars furnished in the report and amend them if they are not correct, and to make order directing that the marriage be registered with the particulars verified or amended; and it shall be the duty of the registrar specified in the order to register the marriage accordingly.

(1) Before the registration of a marriage, there shall be made and signed in the presence of the registrar-

Provided that the declaration by a wali shall not be required in any case where the consent of a wali has been dispensed with under section 47 or where no wali is necessary according to the Muslim law governing the sect to which the bride belongs;

Provided further that where the wali making a declaration is a person other than her father or paternal grandfather, the bride shall also sign the declaration made by such wali.

It shall be the duty of the registrar to require the bridegroom, and, where necessary under the preceding provisions, the wali and the bride, to sign such declarations-

(2) After the signing of the declarations referred to in subsection (1), the registrar shall enter, in Sinhala or in Tamil, a statement of the particulars of the marriage, in triplicate, that is to say, the original, the second copy (hereinafter referred to as the ” duplicate”), and a third copy, in a marriage register, which he is hereby required to keep for that purpose substantially in form IV set out in the First Schedule. The third copy shall bear an endorsement under the hand of the registrar to the effect that it is issued under section 19A.

(3) The prescribed fee shall be paid in stamps which shall be supplied by the bridegroom. Such stamps shall be affixed to the duplicate of the entry relating to the marriage and shall be duly cancelled by the registrar.

(1) The statement of particulars entered in the register in respect of each marriage shall be signed in the original, the duplicate and the third copy, by-

(2) Where the registrar has himself conducted the Nikah ceremony at any marriage, it shall be sufficient if he inserts in the register the words ” Registrar of Muslim Marriages” in the space intended for the signature of the person conducting the Nikah ceremony and signs the register in his capacity as registrar.

(a) be entered, each on a page, on consecutive pages of that register, commencing with the first page for the first marriage to be registered; and

(b) be numbered consecutively in that register, in the order of time in which the registrar is called upon to register those marriages.

(1) Where a married male Muslim living with or maintaining one or more wives intends to contract another marriage, he shall, at least thirty days before contracting such other marriage, give notice of his intention to the Quazi for the area in which he resides, and to the Quazi or Quazis for the area in which his wife or each of his wives resides, and to the Quazi for the area in which the person whom he intends to marry resides.

(2) Every notice required by subsection (1) shall be in the prescribed form and shall contain the full names and addresses of the person giving the notice and of his wife or each of his wives and of the person with whom he intends to contract a marriage.

(3) It shall be the duty of every Quazi to whom notice is given under subsection (1) to cause a copy of such notice to be exhibited at each of the Jumma mosques within his area, and in some conspicuous place at each address (being an address within his area) which is specified in such notice.

(4) Notwithstanding anything in section 17, no marriage contracted by any male Muslim of the description set out in subsection (1) without giving the notices required by that subsection shall be registered under this Act.

(1) For the avoidance of doubt it is hereby declared that no contract of marriage of a woman belonging to the Shaffie sect is valid under the law applicable to that sect, unless-

(2) A marriage which is invalid under the law referred to in subsection (1) shall not be registered under this Act.

(1) No person shall knowingly act as wali at the marriage of a Muslim woman, unless he is entitled according to the Muslim law governing the sect to which the bride belongs, to act as wali to that bride.

(2) No marriage at which any person has acted as wali in contravention of the provisions of subsection (1) shall be registered under this Act.

(1) Where a wife desires to effect a divorce from her husband, without his consent, on the ground of ill-treatment or on account of any act or omission on his part which amounts to a ” fault” under the Muslim law governing the sect to which the parties belong, the procedure laid down in the Third Schedule shall be followed,

(2) Where a wife desires to effect a divorce from her husband on any ground not referred to in subsection (1), being a divorce of any description permitted to a wife by the Muslim law governing the sect to which the parties belong, the procedure laid down in the Third Schedule shall be followed so far as the nature of the divorce claimed in each case renders it possible or necessary to follow that procedure.

(1) The Quazi who is required in accordance with the Second Schedule or Third Schedule to register a divorce shall enter, in Sinhala or in Tamil, a statement of the particulars of the divorce in triplicate, that is to say, the original, the second copy (hereinafter referred to as the ” duplicate “) and a third copy, in a divorce register, which he is hereby required to keep for that purpose substantially in form V set out in the First Schedule. The third copy shall bear an endorsement under the hand of the Quazi to the effect that it is issued under section 29 (5).

(2) The entries relating to any divorce in the divorce register shall be signed in the original, and in the duplicate and in the third copy by the Quazi and by the husband and wife if present at the time the entries are made.

(3) The divorces to be registered under subsection (1) in the divorce register shall-

(4) The party applying for a divorce shall pay the prescribed fee to the Quazi as soon as the proceedings for the divorce are commenced. The prescribed fee shall be paid in stamps and such stamps shall be affixed to the duplicate of the entries relating to the divorce and shall be duly cancelled by the Quazi.

(5) Upon the registration of a divorce the third copy referred to in this section shall forthwith, free of charge, be delivered or transmitted by post to the party applying for the divorce by the Quazi.

(1) Where a marriage or divorce contracted or effected on or after the 1st day of January, 1937, has not been registered or has been registered with erroneous particulars, it shall be lawful for either of the parties to the marriage or the divorce, or, where either of them is dead, for the issue or other lawful representative of any such party, to apply to the District Registrar of the district in which such marriage or divorce was contracted or effected to have such marriage or divorce registered or the erroneous particulars rectified, as the case may be. On receipt of such application the District Registrar shall cause the officiating or other priest or registrar or Quazi before whom the marriage or divorce, as the case may be, was contracted or effected and any other persons whom he may consider it expedient to hear, to be served with a notice to show cause why such application should not be granted- If no sufficient cause is shown to the contrary and the District Registrar is satisfied, after hearing such evidence as may be adduced, that such marriage or divorce was in fact contracted or effected and that it has not been registered or has been registered with erroneous particulars, he shall by order under his hand direct the marriage or divorce to be registered or the erroneous particulars to be rectified, as the case may require.

(2) To every application made under subsection (1), stamps of the prescribed value shall be affixed by the applicant.

(1) A child or any person on behalf of a child shall not be entitled to claim or to receive maintenance in respect of any period during which the child is or was living with or supported by the father.

(2) In allowing any claim for maintenance by or on behalf of a child a deduction shall be made of the sums which may have been paid by the father for the use or support of the child between the date of the claim and the date of the order allowing the claim.

(1) Where, in any proceedings under this Act for mahr or kaikuli, a woman claimant is represented by some other person under section 37, all moneys received by a Quazi to which that woman is entitled as the claimant shall, notwithstanding anything in section 53, be deposited by the Quazi in the kachcheri in the name of such claimant.

(2) No money deposited by a Quazi in a kachcheri under subsection (1) shall be withdrawn by any person unless the Quazi has in writing authorized such withdrawal; and the Quazi shall not authorize the withdrawal of the whole or any part of any money deposited as aforesaid unless he is satisfied that such money will be used for the maintenance or benefit of the woman on whose behalf the claim was made.

(1) The Board of Quazis may, in respect of any proceedings before a Quazi the record of which has been called for, in its discretion exercise any of the powers conferred upon it for the purposes of its appellate jurisdiction.

(2) No order under this section shall be made by the Board of Quazis to the prejudice of any person unless he has had an opportunity of being heard either in person or by his representative.

(3) Every order made by the Board of Quazis under this section shall have the same effect as an order made on appeal from an order made by a Quazi.

(1) Any Quazi may if he thinks fit reserve for the consideration of the Board of Quazis any question of Muslim law which arises in any proceedings before him, and, where any question of law is so reserved, no further steps shall be taken in such proceedings until the opinion of the board is communicated to him.

(2) Every Quazi reserving a question of Muslim law under subsection (1) shall submit the question in writing in the form of a special case, and shall state shortly the facts, if any, which are relevant to the consideration of the question.

(3) The Board of Quazis shall, as soon as may be, determine every question of law reserved for its consideration under subsection (1) and communicate its opinion thereon to the Quazi who referred the question; and such Quazi shall, in the proceedings in which the question arose, be bound by such opinion.

(1) The powers of the Quazi under this Act shall include the power to inquire into and adjudicate upon-

Provided that no variation or alteration of any maintenance ordered under this section or under section 21 of the Muslim Marriage and Divorce Registration Ordinance, 1929,* shall be made except upon good and sufficient cause shown to the Quazi and after notice to all the parties concerned.[*Repealed by Act No. 13 of 1951]

(2) A Quazi may inquire into and deal with any complaint by or on behalf of a woman against a wali who unreasonably withholds his consent to the marriage of such woman, and may if necessary make order authorizing the marriage and dispensing with the necessity for the presence or the consent of a wali.

(3) Where a woman has no wali, a Quazi may, after such inquiry as he may consider necessary, make order authorizing the marriage and dispensing with the necessity for the presence or the consent of a wali

(4) Where an order is made under subsection (2) or subsection (3) authorizing any marriage, a permit authorizing the registration thereof shall be issued by the Quazi, but no such permit shall be issued until the expiry of a period of ten days from the date of the order, or, where an appeal is preferred against such order, unless such order is confirmed by the Board of Quazis, or, in the event of a further appeal, by the Court of Appeal.

(5) In this section ” divorced wife” includes a wife against whom the talak has been pronounced, and who has not been taken back by the husband. (6) Every inquiry under this section shall be held as nearly as possible in accordance with the rules in the Fourth Schedule, but no Muslim assessors shall be empanelled for the purpose of assisting the Quazi at such inquiry.

(1) Every Quazi shall, before he commences to perform any of the functions of his office, enter into a bond in the sum of one thousand rupees conditioned for the due and faithful discharge of his duties.

(2) In the case of a Quazi appointed under section 12 or section 13 the bond shall be executed before the District Registrar, and in the case of a Quazi appointed under section 14 the bond shall be executed before the Registrar-General or any District Registrar authorized for the purpose by the Registrar-General.

(3) The aforesaid sum shall be secured to the State, either by the hypothecation of immovable property or by deposit of movable property, or by the guarantee of two or more sufficient sureties in that behalf to the satisfaction of the District Registrar or Registrar-General, as the case may be.

(4) Each such bond shall be filed in the office of the District Registrar or of the Registrar-General as the case may be.

(1) A record of each sum of money received .by a Quazi under any of the provisions of this Act or the regulations thereunder shall forthwith be made by him in the prescribed book and such money shall forthwith be paid by him to the person entitled thereto:

Provided that where the person entitled to any money is a child under fourteen years of age such payment may be made by the Quazi in his discretion to the person who from time to time has the custody of that child;

Provided further that where the person entitled to any money cannot be found or does not claim the money within the period of one month after the date on which the Quazi received such money, the Quazi shall pay such money to the District Registrar.

(2) A record of each sum of money paid by a Quazi in pursuance of the provisions of subsection (1) shall forthwith be made by him in the prescribed book and every such payment must be supported by a receipt in the prescribed form signed by the payee.

(1) Except in such cases or on such occasions as may be prescribed or except on the orders of a competent court, no Quazi registrars or registrar shall permit any other person to take possession or to have the custody of any register, book, or other document required to be kept by such Quazi or registrar under this Act.

(2) Every Quazi and every registrar shall keep all registers, books, and indexes until they are filled up and shall then forward them for record to the District Registrar,

(3) Where a Quazi or registrar leaves the area for which he is appointed, or resigns his office, or where his appointment is cancelled, he, or in the event of his death, his legal representative, shall forthwith deliver his books, registers, and indexes to the District Registrar; and on failure of such delivery, the District Registrar shall take possession of them.

(4) No person other than a Quazi or a registrar shall keep any book or register which is or purports to be a register of Muslim marriages or divorces, or any record of proceedings relating to divorces effected or purporting to have been effected by any other person, under the provisions of this Act or the Muslim Marriage and Divorce Registration Ordinance, 1929.*[*Repealed by Act No. 13 of 1951]

(1) The registrar who registers a marriage or the Quazi who registers a divorce shall detach the duplicate from the marriage register or the divorce register, as the case may be, and send such duplicate and in the case of a marriage, the declarations under section 18 (1), on or before the fifth day of the month following that in which the marriage or divorce was registered, to the District Registrar.

(2) Where a marriage is registered by a registrar authorized under the proviso to section 11, he shall, in addition to complying with the requirements of subsection (1), send certified copies of the statement of particulars entered in the marriage register, of the declarations, and of chargeable by registrars. the letter authorizing him to register the marriage, to the District Registrar having jurisdiction over the area in which the marriage is registered.

(3) All duplicates and declarations sent to the District Registrar in accordance with the provisions of subsection (1) shall be forwarded by him to the Registrar-General who shall cause such duplicates and declarations to be filed and preserved in his office.

(1) Every registrar shall be entitled to demand and to receive as his own remuneration a fee at the prescribed rate from the prescribed persons for the performance of each of his duties under this Act.

(2) Every registrar shall keep posted in a conspicuous part of his house, a table setting out, in Sinhala, Tamil and English, the fees prescribed for the performance of each of the duties of a registrar under this Act.

(1) Any party aggrieved by any final order made by a Quazi under the rules in the Third Schedule or in any inquiry under section 47 shall have a right of appeal to the Board of Quazis:

Provided that there shall be no appeal from an order absolute made in accordance with the rules in the Fourth Schedule in any inquiry under section 47.

(2) All appeals under this section shall be heard and disposed of in accordance with the rules in the Fifth Schedule.

(1) Any party aggrieved by any order of the Board of Quazis on any appeal under section 60 may, with the leave of the Court of Appeal first had and obtained, appeal to that court from such order.

(2) The Supreme Court may, from time to time, make such general rules as to it shall seem meet for regulating the mode of applying for leave to appeal and of prosecuting appeals from orders of the Board of Quazis and for regulating any matters relating to the costs of such applications for leave to appeal and of appeals.

(a) where any appeal is filed out of time, to entertain the appeal if the board is satisfied that the appeal could not be filed in time owing to illness, accident, misfortune or other unavoidable cause; or

(b) where a petition of appeal is not stamped or is insufficiently stamped, to entertain the appeal if the petitioner pays in stamps an amount equal to twice the value of the stamps that should have been affixed or twice the deficiency, as the case may be.

(1) Any sum claimed in any proceedings under section 47 (other than proceedings for the recovery of mahr or kaikuli) and allowed by the Quazi, or on appeal, by the Board of Quazis, or, in the case of a further appeal, by the Court of Appeal, may in case of default of payment be recovered as though it were a fine imposed under this Act, on application made to the Magistrate having jurisdiction in the area within which the person liable to pay such sum is for the time being resident.

(2) Every application under subsection (1) shall be made by the Quazi and shall be supported by a certificate under his hand stating the amount of the sum due, the name of the person liable to pay such sum, the name or names of the person or persons entitled thereto, and whether the proceedings in which the order requiring the payment was made were inter panes or ex pane.

(3) Every sum referred to in subsection (I) may be recovered as a fine notwithstanding that such sum exceeds the amount of the maximum fine which the Magistrate may in his ordinary jurisdiction impose, and when recovered shall be remitted to the Quazi for payment in due course to the person thereto entitled.

(1) In allowing any claim under section 47 for the recovery of mahr or kaikuli the Quazi, or on appeal, the Board of Quazis, or in the case of a further appeal, the Court of Appeal, may make order that the sum so allowed shall be paid to the Quazi in such installments and on such dates as may be specified in the order.

(2) Where default is made in the payment of any installment specified in an order made under subsection (1), the Quazi may, in his discretion, by notice under his hand served on the person liable to make such payment, require such person to pay to the Quazi, within such period as may be specified in the notice, the aggregate of all such installments then outstanding; and where such person fails to comply with such notice within the specified period, the Quazi may send to the Primary Court having jurisdiction within the area for which he is appointed, a certificate under his hand specifying the aggregate amount outstanding, the name of the person liable to pay such amount, the name of the person entitled to such amount and such other particulars as may be prescribed.

No such certificate shall be made out except upon payment to the Quazi, by the person entitled to such amount of the prescribed stamp duty,

(3) Every certificate sent under subsection (2) shall be registered by the Judge of the Primary Court and shall be deemed to be a decree to pay money entered by such court on the date of such registration, notwithstanding that the aggregate amount specified in such certificate may exceed the maximum amount which that court may award in the exercise of its ordinary jurisdiction, and shall be binding on all parties concerned and may be enforced in the same manner as a decree of such court. All further proceedings in the Primary Court in connexion with such certificate shall be liable to stamp duty as if they were proceedings in an action for the amount specified in such certificate:

Provided that where such amount exceeds one thousand five hundred rupees, stamp duty shall be leviable as though such amount were one thousand five hundred rupees.

(4) There shall be no appeal to the Court of Appeal from any order made by the Judge of a Primary Court in any proceeding taken under the preceding provisions of this section.

(1) Where the original of any marriage or divorce entry made by a registrar or a Quazi is lost, damaged, has become illegible or is in danger of becoming illegible, the Registrar-General may, if the duplicate is available, cause the missing document to be replaced by a copy of such duplicate, such copy being certified by the Registrar-General to be a true copy. Every such copy so certified shall replace the original and shall, for all purposes, be deemed to be the original of such entry.

(2) Where the duplicate of any marriage or divorce entry made by a registrar or a Quazi is lost, damaged, has become illegible or is in danger of becoming illegible, the Registrar-General may, if the original of such entry is available, cause the missing document to be replaced by a copy of such original, such copy being certified by the registrar or the Quazi to be a true copy and countersigned by the District Registrar. Every such copy so certified and countersigned shall, for all purposes, be deemed to be the duplicate of such entry.

(3) Where both the duplicate and the original of a marriage or divorce entry made by a registrar or a Quazi are lost, damaged, have become illegible, or are in danger of becoming illegible, the provisions of section 13 of the Births and Deaths Registration Act shall, mutatis mutandis, apply to and in relation to the substitution of copies of such duplicate and original. Such copies shall replace the original and duplicate entries and shall, for all purposes, be deemed to be the original and duplicate entries, respectively.

(a) willfully destroys or injures, or causes to be destroyed or injured, any record of proceedings, register, book, permit or other document kept or issued under this Act or under the Mohammedan Marriage Registration Ordinance, 1886,f or under the Muslim Marriage and Divorce Registration Ordinance, 1929,* or[* Repealed by Act No. 13 of 1951]

(b) falsely makes, fabricates or counterfeits in whole or in part any such register, book, permit or document or any document, purporting to be a certified copy of any such register, book, permit or document, or part thereof or extract therefrom, or

(c) willfully inserts any false entry in any such register, book, permit, document, or any certified copy thereof or extract therefrom,

(1) Every male Muslim who enters into any contract purporting or intended to be a contract of marriage, or has or attempts to have carnal intercourse, with a woman who to his knowledge is-

shall be guilty of an offence, and shall be liable on conviction to imprisonment of either description for any period not exceeding three years.

For the purposes of this subsection it is immaterial that the carnal intercourse was had, or that the attempt was made, with the consent of the woman.

(2) Every Muslim woman of or above the age of twelve years who enters into any contract purporting or intended to be a contract of marriage with any man, or permits any man to have carnal intercourse with her, knowing such man to be-

shall be guilty of an offence, and shall be liable on conviction to imprisonment of either description for any period not exceeding three years.

It shall be a defence for a woman charged with an offence under this subsection to prove that she was at the time of the offence under the coercion of the person having carnal intercourse with her.

(3) Nothing contained in this section or in any judgment or order given or made in any proceedings relating to an offence under this section shall be construed to make valid a marriage which would otherwise be invalid according to the Muslim law applicable to the parties thereto.

(a) upon whom a duty is imposed by this Act to register a marriage or to cause a marriage to be registered and who fails to register such marriage or to cause such marriage to be registered ; or

(b) who aids or assists any Muslim to obtain or effect or register a divorce otherwise than in accordance with the provisions of this Act, or abets that offence in any other manner; or

(c) who contravenes any of the provisions of section 56 (1) or section 56 (4),

(a) upon being required under this Act to register a marriage fails or refuses without reasonable cause to register that marriage ; or

(b) except in the cases referred to in section 11, registers any marriage contracted or effected outside the limits of the area for which he is appointed; or

(c) having been appointed under section 10, registers any marriage in breach of the restrictions or conditions contained in his certificate of appointment; or

(d) registers any marriage at which he was not present; or

(e) willfully neglects to carry out at or, in connection with the registration of any marriage any duty imposed upon him by section 18, section 19, or section 58; or

(f) willfully contravenes any regulation made under this Act,

(1) Every person who, without proper excuse, accosts or attempts by words, signs or otherwise to meddle with any suitor or other person having business, actual or prospective, before the Board of Quazis or a Quazi, with respect to his suit or business, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees.

(2) No prosecution shall be instituted in respect of an offence under subsection (1), except by, or at the instance or with the written consent of, the Attorney-General.

(a) being required by or under this Act to sign the statement of particulars entered in a register in respect of any marriage or divorce, without good cause refuses or . willfully neglects to do so; or

(b) being liable under this Act to supply the stamp or stamps necessary for the payment of any prescribed fee, refuses or neglects to do so,

(1) Any person who, while the Board of Quazis or a Quazi is sitting, and in the presence on the board or such Quazi-

may be ordered by the board or such Quazi, as the case may be, to pay a penalty not exceeding twenty rupees.

Where any such order is made by a Quazi, an appeal shall lie against that order to the Board of Quazis and the rules in the Fifth Schedule shall apply to -any such appeal:

Provided that no further appeal shall lie to the Court of Appeal against the order made by the board on an appeal under this subsection.

(2) Where default is made in the payment of any penalty imposed under subsection (!), the penalty may be recovered from the defaulter, on application made to the Magistrate having jurisdiction in the area within which the defaulter is resident, as though it were a fine imposed on him by the Magistrate, and when so recovered shall be credited to the Consolidated Fund.

(3) Every application under subsection (2) shall be signed by the secretary of the Board of Quazis if the penalty was imposed by the board and, in all other cases by the Quazi who imposed the penalty, and shall specify the amount of the penalty, the name and address of the person on whom it was imposed and such other particulars as may be prescribed.

(1) The Minister may make regulations for or in respect of all or any of the following matters :-

(2) Any form in the First Schedule and any rule in the Second, Third, Fourth or Fifth Schedule may be rescinded, amended, modified or replaced, and any Schedule may be added to or replaced, by regulation made under this section.

(3) Every regulation made by the Minister under this section shall be published in the Gazette. A regulation shall not come into operation unless it has been approved by Parliament nor until notification of such approval has been published in the Gazette.

(1) For the avoidance of doubt, it is hereby declared that the repeal of sections 64 to 101 and of the first paragraph of section 102 of the Mohammedan Code of 1806, by the Muslim Marriage and Divorce Registration Ordinance, 1929,* or the repeal of that Ordinance by Act No. 13 of 1951, does not affect the Muslim law of marriage and divorce, and the rights of Muslims thereunder.[*Repealed by Act No. 13 of 1951]

(2) It is hereby further declared that in all matters relating to any Muslim marriage or divorce, the status and the mutual rights and obligations of the parties shall be determined according to the Muslim law governing the sect to which the parties belong.

(a) every rule made under section 18 and every regulation made under section 22 of the Muslim Marriage and Divorce Registration Ordinance, 1929,* and in force on the day immediately preceding that date shall, in so far as such rule or regulation is not inconsistent with the provisions of this Act, continue in force and be deemed to be a rule or regulation made under section 62 or section 94, as the case may be, of this Act;[*Repealed by Act No. 13 of 1951]

(b) every officiating priest, temporary officiating priest or special officiating priest licensed under the Muslim Marriage and Divorce Registration Ordinance, 1929,* shall be deemed to be a registrar, temporary registrar or special registrar appointed under this Act; and every licence issued under that Ordinance shall be deemed to be a certificate of appointment issued under this Act;[*Repealed by Act No. 13 of 1951]

(c) every Kathi, temporary Kathi or special Kathi, appointed under the Muslim Marriage and Divorce Registration Ordinance, 1929,* shall be deemed to be a Quazi, temporary Quazi or special Quazi appointed under this Act; and the Board of Kathis appointed under that Ordinance shall be deemed to be the Board of Quazis appointed under this Act.[* Repealed by Act No. 13 of. 1951][+ Paragraphs (d), (e), (f) and (g) are omitted]