TAMIL NADU REGISTRATION OF MARRIIAGES ACT & RULES,2009 PART I

TAMIL NADU REGISTRATION OF MARRIAGES ACT, 2009

(Tamil Nadu Act 21 of 2009)’ Statement of Objects and Reasons

Tamil Nadu Registration of Marriages Act, 2009 (Tamil Nadu Act 21 of 2009)².—The Supreme Court, in its order in Seema v. Ashwani Kumar AIR 2006 SC 1158 has observed that the effect of non-registration would be that the presumption which is available from registration of marriage would be denied to a person whose marriage is not registered. The Supreme Court of India is of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in the respective States, where the marriage is solemnized.

2. Therefore, in order to provide for the compulsory registration of all marriages of all persons who are the citizens of India belonging to various religions in the Slate, it is considered necessary to make a new law to ensure effective implementation of the compulsory registration of the marriages in this State. Accordingly, the Government have decided to undertake legislation for the purpose.

3. The Bill seeks to give effect to the above decision.

TAMIL NADU REGISTRATION OF MARRIAGES ACT, 2009

(Tamil Nadu Act 21 of 2009)

An Act to provide for compulsory registration of all marriages in the State of Tamil Nadu and for matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year of Republic of India as follows :—

1. Short title, extent and commencement.— (1) This Act may be called the Tamil Nadu Registration of Marriages Act, 2009.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Received the assent of the Governor on the August 5, 2009 and published in Part IV—Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the August 7, 2009.

Published in Part IV—Section 1 of the Tamil Nadu Government Gazette

Extraordinary, dated the June 30, 2009.

Notes.— This Act come into force on the 24th November 2009 vide G.O. Ms. No.987, Home (Courts-IV), dated the 24th November 2009.

2. Definitions.— In this Act, unless the context otherwise requires,—

(a) “District Registrar ” means a District Registrar of Marriages appointed under sub-section (2) of section 4 ;

(b) “Government” means the State Government;

(c) “marriage” includes all marriages performed by persons belonging to any caste or religion under any law for the time being in force, or as per any custom or usage in any form or manner and also includes remarriage

(d) “memorandum ” means a memorandum of marriage referred to in section 5;

(e) “priest” means any person who performs a marriage or any person present in the marriage referred to in section 7-A of the Hindu Marriage Act, 1955 (Central Act 25 of 1955);

(f) “Registrar ” means a Registrar of Marriages appointed under sub-section (3) of section 4 ;

(g)    “Registrar-General” means the Registrar-General of Marriages appointed under sub-section (1) of section 4 ;

(h) “State” means the State of Tamil Nadu.

3. Marriages to be compulsorily registered.— Every marriage performed on and from the date of commencement of this Act shall be registered under this Act notwithstanding the fact that the said marriage had been entered in the mar­riage registers governed by any other personal laws of the parties to the marriage or custom or usage or tradition.

4. Appointment of Registrar-General, District Registrar and Registrar of Marriages.— (1) The Government shall, by notification, appoint a person to be the Registrar-General of Marriages for the State of Tamil Nadu.

(2) The Government shall, by notification, appoint a person to be the District Registrar of Marriages for each District for carrying out the purposes of this Act.

 (3) The Government shall, by notification, appoint such number of persons as it thinks necessary, to be the Registrar of Marriages for such local areas as may be specified in the notification, and one or more Registrars may be appointed for one or more such areas for carrying out the purposes of this Act.

(4) Every District Registrar and Registrar shall exercise such powers and perform such duties as may be prescribed and shall be under the general supervision and control of the Registrar-General.

5. Memorandum of marriage.— (1) The parties to a marriage shall prepare a memorandum in such form as may be prescribed in duplicate and shall deliver it in person or send in the manner as may be prescribed, to the Registrar of the area where the marriage is performed within ninety days from the date of the marriage :

Provided that memorandum may be delivered or sent to the Registrar within a further period of sixty days after the expiry of the said ninety days with the payment of additional fee as may be prescribed.

(2) Nothing in the proviso to sub-section (1) shall affect the liability of any person to any penalty under clause (a) of sub-section (1) of section 14.

6. Signature on memorandum and fees to be paid.— Every memorandum referred to in section 5 shall be signed by the parties to the marriage and by the priest and two witnesses and shall be accompanied by such fee as may be prescribed.

7. Power to refuse registration of marriage.— (1) Where the Registrar, before whom the memorandum is delivered or sent under section 5 on scrutiny of the documents filed with the memorandum or, on the other facts noticed or brought to his notice, is satisfied or has reason to believe that,—

(a) the marriage between the parties is not performed in accordance with the personal laws of the parties, or any custom or usage or tradition ; or

(b) the identity of the parties or the witnesses or the persons testifying the identity of the parties and the performance of the marriage is not established beyond reasonable doubt; or

 (c) the documents tendered before him do not prove the marital status of the parties,

he may, after hearing the parties and recording the reasons in writing, refuse to register the marriage and may,—

(i)   call upon the parties to produce such further information or documents as deemed necessary, for establishing the identity of the parties and the witnesses or correctness of the information or documents presented to him, or

(ii)  if deemed necessary, also refer the papers to the local police station within whose jurisdiction the parties reside, for verification.

(2) Where, on further verification as provided in sub-section (1), the Regis­trar is satisfied that there is no objection to register the marriage, he may regis­ter the same. If in the opinion of the Registrar, the marriage is not fit for registration, he may pass an order of refusal in writing, recording the reasons therefor.

8. Appeal to District Registrar.— (1) Any person aggrieved by the order of the Registrar under section 7 may, within a period of thirty days from the date of receipt of such order, appeal to the District Registrar in such manner as may be prescribed :

Provided that the District Registrar may, within a further period of thirty
days, admit an appeal presented after the expiration of the first mentioned
period of thirty days if he is satisfied that the appellant had sufficient cause for
not presenting the appeal within the first mentioned period.              _i-s,

(2) The District Registrar, after giving an opportunity of being heard to the party affected and after recording the reasons in writing, direct the Registrar to register the marriage or confirm the order of the Registrar.

9. Appeal against the order under section 8.— Any person aggrieved by the order of the District Registrar made under section 8 may, within a period of thirty days from the date of receipt of the order, appeal against such order to the Registrar-General and the decision of the Registrar-General on such appeal shall be final and, thereupon, the Registrar shall act in conformity with such decision.