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Section 9: Duties of Muhammedan Registrar on application

The Odisha Muhammedan Marriages and Divorces Registration Act, 1949State Act of Odisha · Act 7 of 1949

(1) Every application for registration under Section 8 shall be made within one month from the date of marriage or divorce and on payment to him of a fee of one rupee, the Muhammedan Registrar shall-

(a) satisfy himself whether or not such marriage or divorce was effected by the person or persons by whom it is represented to have been effected;

(b) satisfy himself as to the identity of the persons appearing before him and alleging that the marriage or divorce has been effected;

(c) in the case of any person appearing as representative of the man or woman (whether he appears as guardian or agent), satisfy himself of the right of such person to appear.

(2) If the Muhammedan Registrar is satisfied on the aforesaid points he shall make an entry of the marriage or divorce in the proper register :

Provided that no such entry shall be made otherwise than in the presence of every person who, under the provisions of Section 11 is required to sign such entry.

(3) The Muhammedan Registrar shall not register-

(a) a marriage of a woman who has effected a divorce of the kind known as Talaq-i-tafweez-

(i) except on the production of a document registered under the Indian Registration Act, 1908 (XVI of 1908), or under any other law for the time being in force for the registration of documents, or of a certified copy of such document, or of a certified copy of the order of the District Judge or any Court of competent jurisdiction, showing that such divorce has been effected or of an attested copy of an entry of the divorce in the register of divorces of the kind known as Talaq-itafweez (Book IV);

1. Inserted vide Orissa Act XII of 1954 4

(ii) notwithstanding anything contained in Section 9, within six months of the date of divorce of the previous husband of the woman;

(iii) without giving to the previous husband of the woman by registered post one month's notice in such form containing such particulars as may be prescribed by rules made under Section 24;

(b) a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the Indian Registration Act, 1908 (XVI of 1908), or under any law for the time being in force for the registration of documents, by which the husband delegated the powers of divorce to the wife or of an attested copy of an entry in the register of marriages (Book I) showing that such delegation has been made.

Where this provision sits

ActThe Odisha Muhammedan Marriages and Divorces Registration Act, 1949
Section9
Marginal noteDuties of Muhammedan Registrar on application
JurisdictionState of Odisha
StatusIn force as published by the source

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