COMPULSORY REGISTRATION OF MARRIAGES IN TAMIL NADU UNDER TAMILNADU REGISTRATION OF MARRIAGES ACT 2009- PROCEDURE, PERIOD, ISSUE OF CERTIFICATE

 

COMPULSORY REGISTRATION OF MARRIAGES IN TAMIL NADU

Reference Case Law:

In  SEEMA VS. ASHWIN KUMAR , AIR 2006 SC 1158, the  Supreme Court held that the marriage of all  persons who are citizens of Indi belonging to various religions should be registered compulsorily in the respective states where the marriage is solemnized.

ENACTMENT OF TAMILNADU REGISTRATION OF MARRIAGES ACT, 2009

To the above the Government of Tamil Nadu has enacted the Tamil Nadu Registration of Marriages Act, 2009 to implement the compulsory registration of marriages in the state.

This act came into force from 24.11.2009 by G.O.m.s No. 987, Homee courts-(IV), dated 24.11.2009 in T.N.G.Gaz., Extra Pt II S.2, No.302 dated 24.11.2009.

Act 21 of 2009 states that any marriage registered under any personal laws i.e. Hindu law, Muslim law and Parsi law shall be compulsorily registered.

REGISTRATION PROCEDURE:

Marriage can be registered in the sub registration office of the area where the marriage is solemnized and according to the jurisdiction of any of the parties who having permanent residence over there.

TIME PERIOD:

Memorandum of Registration of Marriages shall be proceed in Form I (except Muslims ) or Form I-A (for Muslims) signed by both the parties of the marriage, the priest and along with two witnesses and accompanied by a fee of Rs.100 and it should be given in person to the Registrar along with Form II. Within 90 days the memorandum of registration shall be sent.

UNABLE TO PRODUCE IN PERSON:

When the parties are unable to produce the memorandum in person they may produce request letter in writing stating the reason with attested affidavit. Registrar after recoring the reason allow the parties to send the memorandum of registration through registered post or speed post with acknowledge due.

EXPIRY OF 90 DAYS:

If the parties fail to send the memorandum of registration of marriage within a period 90 days, they may send the memorandum within 60 days after the expiry of the said period of 90 days along with a fee of Rs.150.

SCRUTINIZING OF DOCUMENTS:

On receipt of the Memorandum after reviewing the Registrar finds any defects, the same will be sent to the parties for rectifying the defects and this should be resent to the Registrar within 7 days from the date receipt of the memorandum.

ISSUE AND REFUSAL OF MARRIAGE CERTIFICATE:

After satisfying with the produced documents the Registrar will file the Memorandum in the format given in Rule 5(6) and scan the documents. Then the Registrar will register the marriage and issue a certificate of registration of marriage in Form –III and deliver to the parties in person or by post.

If the Registrar is not satisfied with the identity of the parties he may pass an order of refusal of register in Form –IV.