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Wednesday, 06 June 2018 13:34

Tamilnadu marriage Act registration in Tamilnadu

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Tamilnadu marriage Act registration in Tamilnadu
Find the section 3 of Tamilnadu Marriage Act :“ 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. “ As per the Tamilnadu marriage Act any marriage solemnized in Tamilnadu has to registered compulsorily. Any marriage means it will include 1. Hindu marriage 2. Muslim marriage 3. Christian marriage 4. Hindu Muslim marriage 5. Hindu Christian marriage 6. Muslim Christian marriage 7. Other state couples marriage 8. Foreign national marriage. Also there is no specific exemption given for above said marriages from compulsory marriage act 2009. But the marriage registrars will refuse to register the marriage for following reasons 1. Without parents marriage cannot be registered 2. If both are different religion cannot be registered 3. If the couples from outside state cannot be registered 4. If the couples from other district cannot be registered 5. If any one is form foreign national cannot be registered Even though there is the compulsory registration act in force in Tamilnadu, the marriage registrars in Tamilnadu is not interested to implement the tamilnadu marriage Act 2009 in Tamilnadu Normally the following marriage registration under Tamilnadu Act is very difficult in Tamilnadu. They can refuse to register only for the following reasons : 7. (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. In real no registrar will refuse in writing and they refuse to register orally for the following reasons :1. Marriage without parents 2. Inter religious marriage 3. Inter cast marriage 4. Other state couples marriage 5. Other country couples marriage.It the registrar refuse to register , as per section 8 of tamilnadu marriage act , the couples have right to appeal before district registrar ; 8. (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. (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. 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. But no registrar will refuse to register the marriage in writing. So since there is no appeal filed against the tamilnadu marriage act in Tamilnadu.
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