Act/Law wise: Judgment of Supreme Court of Bangladesh


Muslim Marriage & Divorce Rules, 1975
Section/Order/Article/Rule/Regulation Head Note
Rules 4, 5 and 10

The Government is empowered to extend, curtail or otherwise alter the area of jurisdiction of a Nikah Registry subject to the maximum area provided in the Rules. Kazi Imamuddin Bhuiya vs Government of Bangladesh and others 10 BLC (AD) 134. ....View Full Judgment

Rule 5A(1), 8(2) and Section 11

Cancellation as temporary Nikah Registrar– The High Court Division rightly found that since the respondent No.1 was initially given temporary licence on 18.01.1995 he will be entitled to have a licence of a Nikah Registrar on regular basis from the Government after satisfactory performance as Nikah Registrar at least for three years having requisite qualifications specified in Rule 8 of the Muslim Marriages and Divorces (Registration) Rules,1975. We have also noticed that the High Court Division has rightly observed that if there is any allegation against the writ petitioner-respondent No.1 then the respondent Nos.2 to 4 are at liberty to hold an enquiry into the matter after giving the respondent No.1 a notice to show cause and thereafter take steps as per law and if necessary cancell his licence pursuant to Section 11 of the aforesaid Act and or Rule 5A(2) of the aforesaid Rules. But in the instant case no such step was taken by the Government while cancelling of the licence of the respondent No.1. Accordingly, we do not find any illegality in the impugned judgment and order passed by the High Court Division.
The appeal is dismissed with cost of Tk.500/-. The impugned judgment and order dated 01.11.2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. …Abu Hanifa(Md.) =VS= Shafiul Bashar(Md.), (Civil), 2020 (1) [8 LM (AD) 85] ....View Full Judgment

Rules 5(1) and 8 (2)

Temporary licence and permanent licence of a Nikah Registrar. Notice is required to be served on a Nikah Registrar before cancellation of his licence. Natural justice demands that nobody can be condemned unheard without giving him a reasonable opportunity of being heard. Respondent No. F was appointed temporary Nikah Registrar on 18.01.1995 and served there for a few years with an unblemisted record but his licence was illegal cancelled by the impugned order dated 14.01.2002 without serving any notice .In view of the fact that section 11 of the Muslim Marriages and Divorces (Registration) Act, 1975, Rules 5(1) and 8 (2) of the Rules 1975 require that a prior notice is required to served on a Nikah Registrar before suspension or cancellation of his licence, the High Court Division rightly held that cancellation of licence of the writ petitions Nikah Registrar without serving any show cause notice on him is not contemplated in law. The Appellate Division found no infirmity in the order of the High Court Division and dismissed the appeal.
Md. Abu Hanifa. -Vs.- Md. Shafiul Bashar and others. 3 ALR(2014)(1)(AD) 67 ....View Full Judgment

Rule 8(2)

Muslim Marriage & Divorce Rules, 1975
Rule 8(2) read with
Muslim Marriage & Divorce Act, 1974
Section 11
Nikah Registrar appointed temporary basis–
In respect of appointment of Respondent No.1 as Nikah Registrar on purely temporary basis, the provision of Rule 8(2) of the Muslim Marriage and Divorce Rules, 1975 is not applicable as the respondent No.1 was appointed as Nikah Registrar on purely temporary basis. Furthermore, the Nikah Registrar having been appointed on temporary basis he is required to issue a showcause notice following the principle of natural justice as required under Section 11 on Muslim Marriage and Divorce Act, 1974. In view of the above, the judgment and order of the High Court Division making the Rule absolute is not sustainable in law. The judgment and order of the High Court Division is set aside and the appeal is allowed without any order as to costs. .....Amir Hossain(Md.) =VS= Abul Hashem(Md.), (Civil), 2018 (2) [5 LM (AD) 394] ....View Full Judgment

Rule 10

It empowers the Government to alter, extend, curtail or otherwise alter the units of any Union Parishad for which a Nikah Registrar has been licensed to exercise his jurisdiction. It also authorises the Government to curtail the jurisdiction of any Union Parishad and declare any part of it as an urban area and thereafter include the said area in a Pourashava. Kazi Md. Amirul Islam Vs Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh and others, 16 BLD (AD) 110. ....View Full Judgment

Rule 10(2)

The amendment on 19.1.93 that in sub- rule (2) of Rule 10 of Rules, 1995, a provision was added to the effect that a Nikah Registrar licensed shall continue in the office until he retires or ills office otherwise falls vacant. This provision was further amended on 30.12.97 whereby sub-rule (2) of Rule 10 of the earlier amendment was deleted. Thus whatever right a Nikah Registrar had under the previous Rule was done away with by subsequent Rule 10 of 1997. The right given under previous Rule 10 was taken away by subsequent amendment and as such the question of affecting the vested right of the petitioner does not arise. Mr. Raisuddin Vs Bangladesh and others, 19 BLD (AD) 179. ....View Full Judgment

Rule 10

On the establishment of the Gafargaon Municipality the area which was previously a part of No. 4 Saltia Union Parishad became the area of the Gafargaon Municipality. The appointment of the appellant as Nikah Registrar was in respect of new area which had no reference to or connection with the area wherein the respondent 1 is acting as Nikah Registrar. The appellant has been appointed as Nikah Registrar of the area of the newly established Municipality. No area of the respondent 1 wherein he is acting as Nikah Registrar after the formation of the Gafargaon Municipality has been curtailed. Saiful Islam (Md) vs Md Abdur Rahim and other 9 BLC (AD) 248. ....View Full Judgment