The Muslim Marriages and Divorces (Registration) Rules, 1974 | Case Reference

The Muslim Marriages and Divorces (Registration) Rules, 1974

Rule 5A(1)

It appears that the respondent No.1 was appointed as temporary Nikah Registrar on 18.01.1995 and he served more than six years as Nikah Registrar and there was no allegation against him and be- fore the cancellation of licence no show cause notice was served upon the re- spondent No.1. It has been well established that no action should be taken against a person without giving him any opportunity of being heard.

Section 11 of the Muslim Marriages and Divorces (Registration) Act, 1975 no order for cancellation and suspension of a licence shall be made unless the Nikah Registrar has been given a reasonable opportunity of showing cause why that order should not be made. It appears that the High Court Division rightly found that the writ petitioner was ini- tially given temporary licence on 18.01.1995 as per Rule 5A(1) of the Muslim Marriages and Divorces (Reg- istration) Rules, 1975. Under Section 11 read with Rule 8(2) of the Muslim Mar- riages and Divorces (Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any opportu- nity of being heard. Md. Abu Hanifa vs. Md. Shafiul Bashar (Md. Muzammel Hossain J) (Civil) 10 ADC 652