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Tuesday, 24 April 2018 18:48

register marriage rules 2018

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Over the last few days, one of the hottest topics of discussion had been the contents of an internal circular sent out from the office of Inspector General of Registration, Tamil Nadu, to all the registrar offices in the state. The circular, issued in September last year, had reportedly listed out certain ‘must dos’ that the officials should keep in mind while registering marriages according to the Christian Marriages Act, and it includes verifying Aadhar card (which can be considered as an additional identity proof for couples and witnesses), ensuring that names of parents and address tally with what’s filled in the application form, and procuring a copy and checking the original death certificate if any of the parents of the couple (and that of the spouse of the to-be bride/groom if they are already married) is deceased. While it’s not written in black and white that the parents of the bride and groom should be physically present at the registrar office, many said that the implication seemed quite clear — parental consent is required to register marriages. We got in touch with the Inspector General of Registration (IGR), Kumaragurubaran J, to get clarity on the clause, and he says, “Firstly, the circular was meant to be considered while making corrections in the marriage certificate registered under the Christian Marriage Act. It was sent out in September and now, after seven months, it has triggered reaction from various sections of the society probably because of error in understanding its content. So, we’ve made some changes in it and sent out a new circular.”So, what was the circular all about? He explains, “I used to get a lot of files, asking for corrections to be made in spellings, date of birth and other details. When I raised a query, asking why the corrections were coming to me when the marriage was registered on field by the officials, I was told that according to Christian marriage rules, only the IGR has the power to make corrections in the certificate. For example, a name, say Chitra, can be written as Chitra or as Chithra. So, in a hurry, either the applicant might spell the name incorrectly or the officer might make a mistake while typing it out. The concerned person would have left the premises without checking the certificates for any error. But when they apply for passport or produce the marriage certificate as a verification document, these mistakes can prove costly. That’s when they come to IGR for corrections. Their marriage might have been registered in Kanyakumari, but for making the corrections, they have to come all the way to the office here. But, I can’t do it on face, and it’s a long process. I have to send the files back to the office where the marriage was registered, asking them to verify documents, compare with the application form and then raise a proposal. It’s a lengthy process and takes almost three months before the corrections can be carried out. So, the person might miss out on his chance. I wanted to speed up the process and sent out a circular with a few key points. According to that, I’d said that Aadhar can also be taken on record as proof.”Kumaragurubaran adds, “The second point mentioned that details of the couple, witnesses and parents need to be verified. I can’t randomly correct the name of someone’s father without any proof. So, I’d told officers to check the documents at their level before entering it in records. It was never mentioned that parents have to be physically present. But some officials might have cited the circular and told the couples to bring them to office for verification, and that must have given rise to discontent. While we are trying to find out where the fault happened, we’ve revised the circular and made amendments.” He continues, “If there’s parental consent for wedding, couples will have no problem accessing documents. But if there’s an issue there, then it will be difficult to bring the documents. So now, for verification, Aadhar is not mandatory and can be an additional document. The Act is supreme, and the circular is internal; it has no guiding power. So now, documentary proof of the couple and the witnesses is a must. So is the death certificate of the spouse in case one of them was already married, because it can give raise to legal complication. We sent this circular out to assist the public; it was meant only for correction in certificate, but officials might have applied it to fresh cases as well.”The IGR has also submitted a proposal to the government to empower ROs to make amendments in the certificate. “If he can register marriage, why can’t he make the corrections as well? We are hopeful that the assembly will pass it,” he says.When we spoke to a few people at various registration offices, they had said that some officers insisted that their parents be present while filing application for marriage registration. Tell him this, and he says, “The Act doesn’t permit this. If some officials are insisting on parental consent, then couples can raise the issue with us.” We got in touch with advocate Susanna Prabhu to know the legal aspect of it, and this is what she had to say — There are two types of registrations. In the first instance, you are already married at a mandapam in the presence of your parents, and go to the registrar’s office to get that marriage registered. This is called registering of a marriage under the Christian Marriage Act. The Special Marriage Act involves two people from two different communities. If they are adults, the law states that no parental information is necessary. The registrar should get the proof of residence from the boy and the girl, and put up a notification in the registrar’s offices of both of them for a period of 30 days. The marriage can take place only on the 31st day. At that time, the law does not require the couple to bring in the consent of the parents. I got married that way; nobody asked for my parental consent. Now, in marriages that happen in the mandapam, parents are also mostly witnesses. In such cases, the law insists on getting a receipt from the mandapam, and photographs and wedding invitations are considered as proofs. If individual registrars are asking for parental consent for any purpose, then that’s an individual’s discretion. The three witnesses that you need to produce need not be blood relations and I don’t think a registrar will challenge it.” What is the cost for to get Indian citizenship for Poland in Chennai ? I heard that if the Poland national wish to get to get Indian citizenship they have to stay minimum one year continuously in India. But recently I ready this article and it is says one year stay is not mandatory : Modi's outreach to foreigners: Marriage to Indian won't mean staying in India before applying for citizenship A foreign national marrying an Indian will soon not have to stay put continuously for a year in India before he or she can apply for an Indian citizenship. The Modi government has acknowledged global realities to propose relaxing these conditions, in yet another outreach to foreigners.The Home Ministry has invited comments from stakeholders by November 11 before going ahead with its plan to amend the Indian Citizenship Act, 1955 which could be done during the upcoming Parliament Session from last week of November.The new proposal is that the law be suitably amended to allow for a foreigner to be allowed breaks for a total period not exceeding 30 days during the prescribed period of one year stay in India before he or she can make an application for Indian citizenship. Foreign nationals marrying Indians presently cannot leave India even for a single day in the one-year prescribed period before applying for Indian citizenship."Representations have been received about the difficulties in fulfilling the criteria of one year's continuous stay in India before making an application on the ground that due to increased globalization, there is imperative need for people to visit abroad due to economic, social or medical needs. The stipulation of one year continuous stay also causes genuine hardship in some personal situations where personal travel abroad has an unavoidable/inevitable context and in the case of skilled professionals on account of professional commitments," says a proposal of the Home Ministry made public now.The rules so far stipulate a requirement of one year continuous stay before making an application for Indian citizenship in case of grounds of marriage to an Indian citizen, a foreigner who qualifies for naturalization, an Overseas Citizen of India (OCI) Card holder for five years or any erstwhile citizen of India. The new rules will allow a foreign citizen to make multiple trips abroad in the stipulated period of one year provided the person is not absent from India for over 30 days in all.The proposed change in rules will also allow minors, whose parents are Indian citizens of one parent is an Indian citizen, to be allowed grant of OCI registration. "Such minors should have the first claim for the grant of OCI registration as their parent(s) have still retained their Indian citizenship," the proposed rules say, adding that lot of representations have been received from the Indian diaspora and Indian Missions and Posts abroad regarding the anomaly where such category of minors are not considered for OCI registration. How long the wife has to stay in India to get Indian citizenship in Chennai ?
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