Issue:

1. The primary issue was whether a Muslim male in Maharashtra can register multiple marriages, including a third marriage, under The Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, despite the Act’s general focus on a single marriage registration.
2. Can the Registrar legally deny registration of the third marriage based on the argument that the Act only permits one marriage registration?

Rule:

Under The Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998:

1. Section 4 requires every marriage bureau in Maharashtra to register and renew its certification every two years, adhering to the prescribed renewal process and fee. If an application fails to meet required standards, the Registrar may refuse renewal, provided the applicant is given a chance to be heard and reasons for refusal are documented in writing.
2. Section 6 requires the husband to submit a memorandum of marriage within ninety days of solemnization, with identification and residential documentation, alongside three witnesses.
3. Section 7 provides the Registrar with authority to refuse registration if there are doubts about the marriage’s validity under personal laws, the identities of parties, or the legitimacy of supporting documents. However, Section 7(1)(a) specifies that the Registrar must verify the marriage’s adherence to the personal law of the parties.
4. Muslim personal law, allowing up to four simultaneous marriages, is applicable, as there is no exclusion of personal law within the Act.

Application:

In Mezouar Zouaouia & Anr. v. Thane Municipal Corporation & Ors, the Petitioners argued that the Registrar’s refusal to register a Muslim male’s third marriage was inconsistent with both the provisions of the Act and Muslim personal law, which permits up to four wives. The court examined the Act’s language and found no specific restriction that would limit a Muslim male from registering multiple marriages, provided they adhere to personal laws. The court noted that Section 7 requires adherence to personal laws, implicitly acknowledging Muslim practices of multiple marriages. Further, the court observed that Petitioner No.2’s second marriage had previously been registered under the same Act, indicating inconsistency in the application of the rule by the authorities.

Respondent Nos. 1 and 2 contended that the requisite documentation for registration had not been provided. However, the court facilitated the process by clarifying the specific documents required from the Petitioners, including identity and residential proof for both parties and the Qazi’s credentials and Nikah Nama, confirming the marriage’s legitimacy under Muslim law.

Conclusion:

In the case of  Mezouar Zouaouia & Anr. v. Thane Municipal Corporation & Ors, the court held that there is no prohibition in the Act against registering multiple marriages for Muslim males, provided the marriage adheres to personal law requirements. The Registrar’s refusal was deemed invalid, and the court ordered a reassessment of the application for marriage registration following the submission of specified documentation. Additionally, a temporary stay was granted against any deportation proceedings for Petitioner No.1 (the wife) until the registration matter is fully resolved.