THE KERALA MUSLIM MARRIAGE AND DISSOLUTION BY TALAQ (REGULATION) BILL

THE KERALA MUSLIM MARRIAGE AND DISSOLUTION BY TALAQ (REGULATION) BILL



A BILL to declare. that, among the Muslims in Kerala, Monogamy is the general rule and Polygamy a just exception, permissible only in socially exceptional circumstances and that also subject to compassionate conditions, and to provide further that divorce by Talaq can be effected only subject to special conditions,



BE it enacted in the Fifty Ninth Year of the Republic.



1. Short title, extent and commencement of the Act.

(i) This Act may be called The Kerala Muslim Marriage and Dissolution by Talaq (Regulation) Act.

(ii) It shall extend to the whole of the State of Kerala.

(iii) It shall come into force on such date as the Government may notify in the Gazette.



2. Definition.--(a) 'Conciliation Council', hereinafter referred to as Council, means a body constituted under Section 4(a).

(b) 'Chairperson' means the Chairperson appointed under Section 4(b).

(c) 'High Court' means the High Court of Kerala.

(d) 'Person' means any major Muslim man.

(e) 'Registrar of marriages'. means the Local Registrar of marriages (Common) as defined in Rule 5 of the Kerala Registrar of marriages (Common) Rules 2008.



3. The Act to override other laws etc.—The provisions of this Act shall have effect. notwithstanding any law, custom or usage followed hitherto, in the matter of contracting another marriage during the subsistence of a marriage already conducted and for effecting dissolution of marriage by Talaq.



4. Constitution of Conciliation Councils--(a) Government shall constitute in each District a Conciliation Council consisting of a Chairperson and two other members to perform the powers conferred under this Act.

(b) For each Conciliation Council, Government shall, after having prior consultation with the Chief Justice of the High Court, appoint a retired District Judge or a Judicial Magistrate or Munsi 'IT belonging to the Muslim Community as Chairperson, on such terms and conditions as may be prescribed.

(c) The other two members shall be persons chosen by the parties to the application as their respective nominees.

(d) The expenses of the proceedings, including the payments, if any, to be made to the nominated members of the Council shall be borne by the parties as directed by the Chairman of the Council.

(e) The Council may frame its own rules of procedure in accordance with the principles of natural justice and fair play.

(f) The Council shall not be bound by the procedures applicable to ordinary Courts or Arbitral Tribunals as prescribed in the Code of Civil Procedure or The Arbitration Act 1996 or any other Act or Rules.



5. Monogamy shall be the Rule.--Monogamy shall be the rule binding on every Muslim, man or woman.

Provided that a Muslim male shall, under exceptional circumstances stated in this Act, be permitted to take a second wife in compliance with the condition set out herein.



6 Marrying again during life- time of husband or wife is an offence.—If any married Muslim, man or woman, marries again during the subsistence of the first marriage, the party who violates shall be guilty of bigamy under the Indian Penal Code and punishable as such.

Provided that the husband shall, in Law, be allowed to marry only with the consent in writing before a Notary Public or a Judicial Officer expressing her

consent to the second marriage and briefly giving her reasons for the consent.



7. Duties of husband on second marriage under the Act.—The husband, in the event of his marrying again under the above proviso to Section 6, shall be liable to provide reasonable accommodation and privacy as well as just alimony or maintenance sufficient for the wife to sustain herself in reasonable comfort. The affected spouse shall be entitled to seek redress by petitioning the Court of the Magistrate of First Class having jurisdiction over either party. No Court fee shall be payable for such proceedings and, free legal aid shall be provided to her by the Legal Services Authority or by any Advocate in the panel. approved by the District Court; the fee for such legal services shall be made available by the Legal Services Authority concerned.



8. Compensation payable on violation of the provisions in Section 5.—Any marriage contracted in contravention of Section 5 shall be void but the victim of such second marriage shall be granted such compensation as the Judicial Magistrate having jurisdiction over either party deems just.



9. Marriage of Muslim shall be contract.—Marriage of Muslims shall be a contract entered into with the free consent of both spouses and shall be governed by the terms of such contract in writing. Such contract may contain provisions for divorce which are consistent with monogamy, public policy, social justice to the wife and other conditions which are not opposed to the Qur'an or the teachings or hadith of the prophet.



11. Female spouse entitled. to divorce only through court.—The female spouse shall be entitled to divorce only through Court or with the approval of the Conciliation Council on grounds of irretrievable break down irreparable by conciliation. Such conciliation shall be a condition precedent and shall be tried by the Conciliation Council whose unanimous decision alone will be binding.

12. Decree for divorce on the basis of a written agreement—In case both spouses enter into a compromise sanctioning divorce on the ground of irretrievable breakdown and such agreement is attested after due enquiry by a Civil or Criminal Judicial Officer, a competent Court, Civii or Criminal, may grant divorce without further Forensic procedure.



13. All Marriages conducted after the Act to be Registered.—All marriages and divorces of Muslims taking place after this Act comes into force shall be registered before Registrar of marriages as defined in. Section 2(e) of this Act, who shall certify such registration after ascertaining the consent of both parties.