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Wednesday, 06 June 2018 08:32

marriage registration rules in Chennai

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TN’s new circular on marriage certificate: Controversial parental consent clause changed The older circular had caused an uproar and made it all the more difficult for inter-caste couples to register their marriage.
A day after TNM spoke to the Inspector General of Registration regarding a controversial circular issued by the government which seemingly asked for parental consent for marriage registration, a new circular has been issued to the Registration Department in the state with changes provided on three out of four points contained in the original circular. Firstly, the circular says an Aadhaar card is no longer compulsory for the couple to register their marriage. According to the old circular, an Aadhaar card is acceptable as identification for the couple, their parents as well as the witnesses. The circular added that Aadhaar, however, cannot be used as citizenship proof or address proof. The revised circular states that while Aadhar can be accepted as a proof of identity for marriage registration, it is not mandatory for the couples to submit their cards. Secondly, the circular says the names and initials of the couple and witnesses must be thoroughly verified. The older circular said the names and initials provided by the couples and their parents should match the ones in the proofs submitted. The word ‘parents’ stands removed in the new circular. Regarding the third point, the circular says if parents of the couple are deceased, it is enough if 'Late' is mentioned before their name. Death certificates of the deceased parent(s) are not required. Earlier, the original death certificate of the concerned parent was needed for verification. There is no change in the status for widowers from the previous circular. If the bride or groom happens to be widowed, they should submit the original death certificate of the deceased spouse, which has to be verified and a copy has to be retained by the registrar. TNM had earlier pointed out that while the circular nowhere explicitly asks for the physical presence of parents, three out of four points imply communication with parents. According to the Hindu Marriage Act, only the couple and three witnesses are required for the registration of the marriage. For thousands of inter-caste couples across the state who have had to leave their parental homes for a shared future, the older circular made it all the more difficult to legally register their marriage. Speaking to TNM, the Inspector General J Kumaragurubaran admitted that this was a problem and that it would be looked into. Reassuring couples in the state, he had said, “This is not binding. The Act is supreme. The circular is internal and for executive purposes. If this is causing hardships, we will definitely look into changing it.” All officials are required to follow the instructions and they're required to acknowledge that they've received this circular to all the concerned authorities. Also I read : Never mentioned that parents have to be physically present while registering marriages: IGR Kumaragurubaran 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 Hindu 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 Hindu 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 Hindu 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 Hindu 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. TOP BLOG POST REGISTER MARRIAGE IN KERALA REGISTER MARRIAGE IN CHENNAI MARRIAGE REGISTRATION IN CHENNAI LOVE MARRIAGE AND REGISTRATION
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