Judicial Dictionary - N
The Nikah Registrar is the name of an office appointed by the government,(popularly known as the Kazi) has the authority to register marriages in Bangladesh.
Nikah Registrar, appointed by the government under the Muslim Marriages and Divorces (Registration) Act, 1974, and rules framed there under, the Muslim Marriages and Divorces (Rules), 1975. Each Kazi is appointed to a defined locality where their job is registration of Muslim marriages and divorces within the given area. According to a recent High Court decision, Nikah Registrars are "public" servants [Kazi Obaidul Haque vs. State 55 DLR (1999) 25]
A Nikah Registrar, in effect, is an agent of the Government and the Nikah Registrar’s license is also liable to be revoke, suspended, annulled following the procedure provided under rule 8 thereof. The Government has authority to curtail, extend or otherwise alter the limit of ant Nikah Registrar within the permissible limit of area without any notice, even in the case of permanent Nikah Registrar. [Fazlur Rahman & 38 others vs. Government of Bangladesh and others 53 DLR 237]
It authorises the Government to alter, extend, curtail or otherwise alter the limits of any Union Parishad for which a Nikah Registrar has been appointed by granting license. Likewise the government can also curtail the jurisdiction of any Union Parishad and declare any part of it as an “urban area” to be included in any Pourashava – Muslim Marriages and Divorces (Registration) Rules, 1975, rule-10. [Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 18 BLD (AD) 152]See, the Muslim Marriages and Divorces (Registration) Act, 1974.
|Created On||May 2, 2011, 5:17 AM|