STAFF REPORTER
GUWAHATI: The bench of Justice Devashish Baruah of the Gauhati High Court stayed the order of the State Government issued on June 21, 2023, putting Marriage Registrar Mujibur Rahman’s licence under suspension till the next date of hearing on the ground of registration of child marriages by him, thereby violating the provisions of the Prohibition of Child Marriage Act, 2006.
The petitioner in a writ petition (WP-C 3834/2023) herein is aggrieved by the order issued on June 21, 2023, whereby he (the petitioner), appointed as a Muslim Marriage Registrar in terms of the Assam Muslim Marriages and Divorces Registration Act, 1935, has been put under suspension on the ground of registration of child marriages by him, thereby violating the provisions of the Prohibition of Child Marriage Act, 2006.
The case of the petitioner herein is that a perusal of Section 8 of the said Act of 1935 as well as Rule 26 of the Rules framed therein clearly envisages that registration of marriages of minors in the presence of a legal guardian is permissible.
Taking into account the above, this Court prima facie is of the opinion that the petitioner has been able to make out a case. Accordingly, the order of June 21, 2023, is stayed till the next date.
Various authorities of the State Government are to submit their affidavits before the court by July 26, 2023.
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