Muslim Marriages and Divorces (Registration) Rules, 1975
Rule 5A(1), 8(2) and Section 11- Cancellation as temporary Nikah Registrar The High Court Division rightly found that since the respondent No.1 was initially given temporary licence on 18.01.1995 he will be entitled to have a licence of a Nikah Registrar on regular hasis from the Government after satisfactory performance as Nikah Registrar at least for three years having requisite qualifications specified in Rule 8 of the Muslim Marriages and Divorces (Registration) Rules, 1975. We have also noticed that the High Court Division has rightly observed that if there is any allegation against the writ petitioner- respondent No.1 then the respondent Nos.2 to 4 are at liberty to hold an enquiry into the matter after giving the respondent No.1 a notice to show cause and thereafter take steps as per law and if necessary cancell his licence pursuant to Section 11 of the aforesaid Act and or Rule 5A(2) of the aforesaid Rules. But in the instant case no such step was taken by the Government while cancelling of the licence of the respondent No.1. Accordingly, we do not find any illegality in the impugned judgment and order passed by the High Court Division.
The appeal is dismissed with cost of Tk.500/-. The impugned judgment and order dated 01.11.2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed.... Abu Hanifa(Md.) -VS- Shafiul Bashar(Md.), [8 LM (AD) 85]
The Muslim family law Ordinance, 1961, Rule 6(3)
Respondent was appointed as the Nikah Registrar for No.7 Edbarpur Union on temporary basis and the respondent having requisite qualification got the appointment as Nikah Registrar on 26.01.2003 by the authority concerned i.e. the Ministry of law and Parliamen- tary Affairs issued the License of Nikah Registrar in favour of the respondent No.1 and before taking appointment the respondent No.1 obtained some letter of recommendation from the then member of Parliament namely, Mr. Redwan Ahmed, besides the respondents by cre- ating some false papers and documents suppressing his own identity in order to have the license of a Nikah Registrar for the area of No.7 Edbarpur Union which is under Chandina Police Station of Comilla District. Md. Abdul Awal vs. Kazi Md. Abul Basar (Mohammad Fa- zlul Karim J) (Civil) 6 ADC 517
Rule 8(2)- Nikah Registrar appointed temporary basis- In respect of appointment of Respondent No.1 as Nikah Registrar on purely temporary basis, the provision of Rule 8(2) of the Muslim Marriage and Divorce Rules, 1975 is not applicable as the respondent No.1 was appointed as Nikah Registrar on purely temporary basis. Furthermore, the Nikah Registrar having been appointed on temporary basis he is required to issue a showcause notice following the principle of natural justice as required under Section 11 on Muslim Marriage and Divorce Act, 1974. In view of the above, the judgment and order of the High Court Division making the Rule absolute is not sustainable in law. The judgment and order of the High Court Division is set aside and the appeal is allowed without any order as to costs. Amir Hossain(Md.) =VS= Abul Hashem(Md.), [5 LM (AD) 394]
