Gauhati High Court
WP(C)/6269/2025 of ABOU SUFIYAN SIDDIQUE Vs THE STATE OF ASSAM AND 3 ORS on 3 June 2026
GAHC010238852025 2026:GAU-AS:7767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6269/2025 ABOU SUFIYAN SIDDIQUE S/O LATE ABDU BAKKAR SIDDIQUE, R/O VILLAGE- GORAIMARI SATRA, P.O. TUKRAPARA, DISTRICT- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM
GAHC010238852025
2026:GAU-AS:7767
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6269/2025
ABOU SUFIYAN SIDDIQUE
S/O LATE ABDU BAKKAR SIDDIQUE, R/O VILLAGE- GORAIMARI SATRA, P.O. TUKRAPARA, DISTRICT- KAMRUP, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE
AND DISASTER MANAGEMENT (REGISTRATION) DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE REGISTRAR-CUM-DISTRICT COMMISSIONER
KAMRUP
AMINGAON
GUWAHATI
3:THE SUB-REGISTRAR
KAMRUP
AMINGAON
GUWAHATI
4:MISS NILIMA PARBIN
D/O- NURUL HAQUE
R/O- VILL- KHUNGRA
P.O. CHENGA
P.S. TARABARI
DIST.- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K
AZAD,MR. N HAQUE
Advocate for the Respondent : SC, REVENUE, N PERVIN(R-4),MR. MUSTAFA HUSSAIN (R-
4),MR. R ALI(R-4),GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
04.06.2026 Heard Mr. P K Roychoudhury, learned senior counsel assisted by Mr. A K Azad, learned counsel for the petitioner. Also heard Ms. P Mahanta, learned Standing counsel, Revenue Department for the respondent No. 1; Mr. J K Handique, learned Government Advocate for the State respondent Nos. 2 & 3 as well as Mr. R Ali, learned counsel for the respondent No. 4.
2. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has approached this Court aggrieved by the inaction on the part of respondent No. 2 in considering and disposing of his application dated 30.11.2024 submitted under Section 12 of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
3. The facts, in brief, are that the petitioner and respondent No. 4 were married on 08.03.2024 in accordance with Mohammedan Law through a ‘Kabin Nama’. It is the case of the petitioner that after commencement of their matrimonial life, disputes arose between the parties on account of certain allegations made against respondent No. 4. Despite several attempts at reconciliation and meetings held between the families of the parties, the disputes could not be amicably resolved.
4. The petitioner thereafter claims to have pronounced ‘Talaq-e-Hasan’ upon respondent No. 4 on 14.08.2024, 16.09.2024 and 17.10.2024. According to the petitioner, notices relating to the said pronouncements were duly sent to respondent No. 4 by Registered Post and were received by her. Thereafter, the petitioner submitted an application dated
30.11.2024 before the Marriage and Divorce Registrar, Kamrup, Amingaon seeking necessary action in terms of the provisions of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
5. Since no action was taken on the said application, the petitioner has approached this Court seeking an appropriate direction upon the respondent authorities for consideration of the same.
6. At the outset, Mr. J.K. Handique, learned Government Advocate appearing for the State respondents, has produced before this Court a communication dated 03.02.2026 issued by the Office of the Inspector General of Registration, Assam. The said communication reveals that the Senior Sub-Registrar, Kamrup (Sadar), Amingaon has been directed to proceed with the issuance of marriage and divorce certificates under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 through the NGDRS platform in accordance with law.
7. The said communication dated 03.02.2026 is taken on record and marked as “X”.
8. Having heard the learned counsel appearing for the parties and upon perusal of the materials available on record, this Court finds that the limited grievance raised by the petitioner pertains to the non-consideration of his application dated 30.11.2024 by the competent authority.
9. In view of the communication dated 03.02.2026 issued by the Office of the Inspector General of Registration, Assam, and considering the nature of the relief sought in the present proceeding, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending. The interest of justice would be adequately served by directing the competent authority to consider and dispose of the petitioner’s application in accordance with law.
10. Accordingly, respondent No. 2 is directed to consider and dispose of the petitioner’s application dated 30.11.2024 strictly in accordance with the provisions of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 and the rules, instructions and guidelines governing the field, after affording an opportunity of hearing to the petitioner as well as the respondent No. 4.
11. It is made clear that this Court has not expressed any opinion on the merits of the claims and counterclaims of the parties or on the validity and legal effect of the divorce claimed by the petitioner. All issues are left open to be considered by the competent authority in accordance with law.
12. The aforesaid exercise shall be completed as expeditiously as possible and preferably within a period of three months from the date of receipt of a certified copy of this order.
13. With the above observations and directions, the writ petition stands disposed of.
14. No order as to costs.
JUDGE
Comparing Assistant