Temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect. I received official appointment as Muhammadan Marriage Registrar for the jurisdiction of XXX area, allowing me to register all Muhammadan Marriages and Divorces. This appointment was issued in accordance with Section 3 of the Act by the Secretary to the Government of West Bengal, Judicial Department. However, no notification had been issued by the department inviting applications for the temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect within my jurisdiction. Despite this, the Assistant Secretary initiated the process for such an appointment and issued a notice, inviting applications for a temporary appointment of a Muhammadan Marriage Registrar for the Shia sect in XXX, even though no existing Shia Muslim community resides in the area. The District Registrar, issued this notice without ascertaining whether I belonged to the Shia or Sunni sect.
It is within the state government’s authority to appoint a Muhammadan Marriage Registrar for the Shia sect, regardless of whether there is a Shia population in the area. The purpose of marriage registration is to validate the marriage and keep an official record, which is considered a public document under Section 74 of the Indian Evidence Act. This service is provided by the state, and the Marriage Registrar is authorized by law to register marriages, regardless of the sect.
While there may be differences in the legal formalities required for the contract of marriage between Shia and Sunni, the process of registering marriages remains the same. Therefore, any objection to the appointment of a Muhammadan Marriage Registrar for the Shia sect on the grounds of the lack of a Shia population is invalid.
