Hindu Marriage Registration
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
Hindu Marriage Registration
Is it compulsory to register all Hindu Marriage and hold a marriage certificate in Tamilnadu?
prabhakar singh
(Expert) 24 June 2011
the Hindu Act enables the State Government to make rules with regard to the registration of marriages. Under sub-section (2) of section 8, if the State Government is of the opinion that such registration should be compulsory, it can so provide. In that event, the person contravening any rule made in this regard shall be punishable with fine.
Though, the registration itself cannot be a proof of valid marriage per se, and would not be the determinative factor regarding validity of a marriage
see TAMIL NADU REGISTRATION OF MARRIIAGES ACT & RULES,2009 PART VIII
TAMIL NADU REGISTRATION OF MARRIIAGES ACT & RULES,2009 PART III
NOTIFICATION -1
Date of coming into force of the Act
(G.O. Ms. No.987, Home (Courts IV) Department, dated the 24th November, 2009|
No.II(2)/HO/608(d-1)72009.— In exercise of the powers conferred by si section (3) of section 1 of the Tamil Nadu Registration of Marriages Act, 2′X (Tamil Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby appoints t 24th November 2009 as the date on which the said Act shall come into force.
NOTIFICATION – II
Appointment of Registrar-General of Marriages for the State of Tamil Nadu
(G.O. Ms. No.987, Home (Courts IV) Department, dated the 24th November, 2009″
No.II(2)/HO/608(d-2)/2009.— In exercise of the powers conferred by s.* section (1) of section 4 of the Tamil Nadu Registration of Marriages Act, 2(( (Tamil Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby appoints « Inspector-General of Registration appointed by the Government of Tamil Nan under the Registration Act, 1908 (Central Act XVI of 1908) to be the Regisn General of Marriages for the State of Tamil Nadu.
NOTIFICATION – III
Appointment of District-Registrar of Marriages for every District
(G.O. Ms. No.987, Home (Courts IV) Department, dated the 24th November, 2009
No.II(2)/HO/6q8(d-3)/2009.— In exercise of the powers conferred by sii section (2) of section 4 of the Tamil Nadu Registration of Marriages Act, 20§ (Tamil Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby appoints a “District Registrar of Registration District appointed by the Government c Tamil Nadu under the Registration Act, 1908 (Central Act XVI of 1901 located in the headquarters of every Revenue district to be the District Reg of Marriages for that district.
NOTIFICATION – IV
Appointment of Registrar of Marriages for every District
(G.O. Ms. No.987, Home (Courts IV) Department, dated the 24th November, 2009
No.II(2)/HO/6q8(d-4)/2009.— In exercise of the powers conferred by sii section (3) of section 4 of the Tamil Nadu Registration of Marriages Act, 20? (Tamil Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby appoints ii Sub-Registrars appointed by the Government of Tamil Nadu under > Registration Act, 1908 (Central Act XVI of 1908) to be the Registrar • Marriages for the respective sub-districts formed under the said Central At XVI of 1908.
TAMIL NADU REGISTRATION OF MARRIAGES RULES, 2009
(G.O. Ms. No.987, Home (Courts-IV) Department, dated the 24th November, 2009)
No.SRO A-39(b)/2009.— In exercise of the powers conferred by sub-se (1) of section 24 of the Tamil Nadu Registration of Marriages Act, 2009 (Ta Nadu Act 21 of 2009), the Governor of Tamil Nadu hereby makes the following rules:—
RULES
1. Short title.— These rules may be called the Tamil Nadu Registration of Marriages Rules, 2009.
2. Definitions.— (1) In these rules, unless the context otherwise requires.
(a) ‘Act’ means the Tamil Nadu Registration of Marriages Act, 2009 ;
(b) ‘Form’ means a Form appended to these rules ;
(c) ‘witness’ means any person who is present at the time of solemnizati of the marriage;
(d) “Register” means the register of marriages maintained by the Registr
(2) Words and expressions used but not defined in these rules shall have same meanings, respectively, assigned to them in the Act.
3. Powers and duties of the District Registrar.— The District Registrar shall, —
(a) file the duplicate copies of the memorandum for registration marriages sent by the Registrar and maintain them as prescribed ;
(b) provide certified extracts of the Register of Marriages, certifi-cate i registration of marriages and all the orders passed by him to applicant;
(c) pass suitable orders on the appeal filed before him under sub- section i of section 8 of the Act.
4. Powers and duties of the Registrar.— The Registrar shall,—
(a) verify the memorandum for registration of marriage ;
(b) verify the identity of parties to a marriage and witnesses ;
(c) issue certificate of registration of marriage ;
(d) send the copy of an order of refusal to register a marriage to the Dis Registrar;
(e) send a copy of the memorandum of marriage to the District Registrar;
(f) provide certified extracts of the Register of Marriages, certificate of registration of marriage and all the orders passed by him to the applicant.
5. Procedure for Registration of Marriage.— (1) (a) Every memorandum for registration of marriage shall be in Form-I and it shall be delivered in or sent to the Registrar along with an application in Form-II within ninety from the date of marriage. Form I shall be supplied free of cost to the par a marriage by the Registrar.
(b) An acknowledgement for having received the memorandum registration of marriage in Form-I along with the application in Form-II, be given by the Registrar.
(2) The memorandum shall be in duplicate, signed by the parties to I marriage, the priest and two witnesses and accompanied by a fee of Rs.100 (Rupees one hundred only), if the memorandum is sent within a period of ninety days from the date of marriage.
(3) If the memorandum for registration of marriage is not delivered or se the Registrar within ninety days from the date of marriage, the parties to 1 marriage may deliver or send the memorandum within a further period of s days after the expiry of the period of ninety days along with a fee of Rs.150 (Rupees one hundred and fifty only).
(4) The memorandum shall also be accompanied by the following documents issued by the competent authority to the parties and witnesses, namely:—
(a) (i) Copy of the Voter’s Identity Card issued by the Election Commiss of India; or
(ii) Copy of Passport ; or
(iii) Copy of PAN/GIR card issued by the Income Tax Department; or (iv) Copy of Ration Card ; or
(v) Copy of Photo Identity Card issued by the Government^ Government Undertakings or Local bodies ; or
(vi) Copy of Pass Book issued by Banks or Post Offices (With Photo); or
(vii) Copy of Pension Book ; or (viii) Copy of certificate issued to handicapped persons; or
(ix) Copy of Gun licence ; or
(x) Copy of identity card issued to “Freedom fighters”. (b’/Cbpy ot’SirtH certificate ; or
(i) School/College leaving certificate ; or
(ii) any other proof of age of parties to the marriage ; and (c) Marriage invitation card or any other proof of place of marriage.
(5) On receipt of a memorandum, the Registrar shall scrutinise the same and if on scrutiny it is found that the memorandum is defective or insufficient in particulars or not accompanied with the fee or the documents required for scrutiny, he shall return the same to the parties to the marriage for rectification of the defects and resubmission of the memorandum within seven days from the date of receipt of the memorandum by the parties to the marriage.
(6) After verification of the memorandum and after being satisfied about the identity of the parties to the marriage and witnesses, the Registrar shall file the memorandum in the File of memorandum in the format given below consisting of blank butts serially numbered:—
The memorandum is filed at Serial No………of 20……. on page of
volume………..of the File of memorandum of marriages maintained under
the Tamil Nadu. Registration of Marriages Act, 2009.
Dated the ………….day of. ………………………….. 20 …………
I
Signature,
Registrar of Marriages.
Querist :
Anonymous
(Querist) 24 June 2011
Thank You Sir, for the detailed reply
Guest
(Expert) 25 June 2011
Yes, its compulsory to register marriage all over India.
