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emo Inter religious marriage registration procedure in Chennai

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8 months 2 weeks ago #965

Documents required for hindu Muslim marriage registration in Chennai and Tamilnadu

i) Registration of Hindu Marriages Solemnized and granting of extract of marriages registered.

· Marriages solemnized under Hindu customs/ non-customary

· Bridegroom/Bride should have completed 21/18 years respectively

· Both of them should be Hindus, Buddhist or Sikhs

· Proof of marriage

· Anyone of the following place should fall within the jurisdiction of the Registering officer:

o Residence of bride.

o Residence of bridegroom.

o Solemnization place.

Proof for all these shall be given

1 . MARRIAGE

Wedding Invitation (or)

Temple Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE

Employee ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa
4.Three witnesses in person.

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8 months 2 weeks ago #966

before registering your marriage under Hindu marriage Act please conform your marriage have been performed as per Hindu marriage Law.
You can understand if you read this Act. Find the Hindu marriage Law.

1. Short title and extent.-

ACT NO. 25 OF 1955 1* [18th May, 1955.]

An Act to amend and codify the law relating to marriage among Hindus. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:-

(1) This Act may be called the Hindu Marriage Act, 1955.

(2) It extends to the whole of India except the State of Jammu and Kashmir 1, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

1. The Act has been made applicable to the State of Jammu and Kashmir by the J&K Hindu Marriage Act, 1955 (J&K Act 7 of 1955).

2. Application of Act.-

(1) This Act applies -

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samam,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.-The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding any thing contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression ‘Hindu’ in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

State Amendment

Pondicherry :

In section 2, insert the following sub-section:—

“(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry .”

[ Vide Regn. 7 of 1963, sec. 2 and Sch. (w.e.f. 1-10-1963).]

Comments

Applicability of the Act

The marriage between the members of Scheduled Tribes is not governed by the Hindu Marriage Act in the light of section 2(2). Rather their marriage would be governed only by their Santhal customs and usage. Dr. Surrajmani Stellee K ujur v. Durga Charan Hansdah , AIR 2001 SC 938.

3. Definitions.-

In this Act, unless the context otherwise requires,-

(a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy; and

Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(b) “district court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;

(c) “full blood” and “half blood”-two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;

(d) “uterine blood”- two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;

Explanation.-In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;

(e) “prescribed” means prescribed by rules made under this Act;

(f) (i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

(ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

(g) “degrees of prohibited relationship”-two persons are said to be within the “degrees of prohibited relationship”-

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other ; or

(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or

(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation.-For the purposes of clauses (f) and (g), relationship includes-

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood and all terms of relationship in those clauses shall be construed accordingly.

4. Over-riding effect of Act.-

Save as otherwise expressly provided in this Act,-

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.

5. Conditions for a Hindu marriage.-

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—

(i) neither party has a spouse living at the time of the marriage;

1[(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity 2[***];]

(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[eighteen years] at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

5[***]

COMMENTS

Burden of Proof

The material made available documentary and oral, not supporting that the wife is christian. Held that the marriage is not illegal and void; T. Perumal v. R. Nesammal , AIR 2004 Mad 37.

Child Marriage

Any marriage solemnized in contravention of clause (iii) of section 5 is neither void nor voidable, the only consequence being that the persons concerned are liable for the punishment under section 18 and further if the requirements of clause (iv) of sub-section (2) of section 13 as inserted by the marriage laws (Amendment) Act, 1976 are, satisfied, at the instance of the bride, a decree of divorce can be granted; P. Venkataramana v. State , AIR 1977 AP 43.

Necessity for a Hindu Marriage

(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan , AIR 2003 Ker 363.

(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi , AIR 2001 SC 2110.

Scope

If a man and a woman are living under the same roof and cohabiting for a number of years, the law would raise presumption that they lived as husband and wife; S.P.S. Balasubramanyam v. Suruttayan, AIR 1992 SC 756.

1. Subs. by Act 68 of 1976, sec. 2, for clause (ii) (w.e.f. 27-5-1976).

2. The words “or epilepsy” omitted by Act 39 of 1999, sec. 2 (w.e.f. 29-12-1999).

3. Subs. by Act 2 of 1978, sec. 6 and Sch., for “eighteen years” (w.e.f. 1-10-1978).

4. Subs. by Act 2 of 1978, sec. 6 and Sch., for “fifteen years” (w.e.f. 1-10-1978).

5. Clause (vi) omitted by Act 2 of 1978, sec. 6 and Sch. (w.e.f. 1-10-1978).

6. Guardianship in marriage.-

[Rep. by the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), sec. 6 and Sch. (w.e.f. 1-10-1978)].

7. Ceremonies for a Hindu marriage.-

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

State Amendments

Section 7A

Pondicherry :

After section 7, insert the following section, namely:—

(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or

(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or

(c) by the tying of the thali.

(2) (a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnised after the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, shall be good and valid in law.

(b) Notwithstanding anything contained in section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, but subject to sub-section (3) all marriages to which this section applies solemnised at any time, before such commencement shall be deemed to have been, with effect on and from the date of the solemnisation of each such marriage, respectively, good and valid in law.

(3) Nothing contained in this section shall be deemed to—

(a) render valid any marriage referred to in clause (b) of sub-section (2), if before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967,—

(i) such marriage has been dissolved under any custom or law; or

(ii) the woman who was a party to such marriage has, whether during or after the life of the other party thereto, lawfully married another; or

(b) render invalid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was valid at that time; or

(c) render valid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was invalid at that time on any ground other than that it was not solemnised in accordance with the customary rites and ceremonies of either party thereto:

Provided that nothing contained in this sub-section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him before such commencement.

(4) Any child of the parties to a marriage referred to in clause (b) of sub-section (2) born of such marriage shall be deemed to be their legitimate child:

Provided that in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (3), such child was begotten before the date of the dissolution of the marriage or, as the case may be, before the date of the second of the marriages referred to in the said sub-clause (ii).”

[Vide Tamil Nadu Act 21 of 1967, sec. 2 (w.e.f. 20-1-1968).]

8. Registration of Hindu marriages.-

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

9. Restitution of conjugal rights.-

1[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

2[ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

COMMENTS

Marital Obligations

If a consent decree for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955, is passed, it will not be a nullity. If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under section 13(1A) of the Hindu Marriage Act, 1955; Saroj Rani v. Sudarshan Kumar , AIR 1984 SC 1562.

Reasonable excuse

Where it is found that conduct of husband created reasonable apprehension in mind of wife that it would be unsafe for her not to stay with husband, the decree for restitution of conjugal rights in favour of husband cannot be granted; Kamaladevi v. Shiva Kumar Swamy, AIR 2003 Kar 36.

Restitution decree—Limitation

For obtaining a divorce on failure of getting restitution of conjugal rights even after a decree a spouse has to wait for one year. Thus the restitution decree and the second petition for divorce might be a slightly more expeditious way for getting relief; Karabi Das v. Paritosh Das , AIR 2003 Cal 61.

Restitution of conjugal rights

In a petition for restitution of Conjugal Rights, alternative relief of divorce cannot be claimed. These prayers are mutually destructive of each other and, therefore, cannot be made together; Baldev Raj v. Bimla Sharma, AIR 2006 HP 33.

Scope

Any law which would give an exclusive right to the husband to decide upon the place of the matrimonial home without considering the merits of the claim of the wife would be contrary to Article 14 and unconstitutional for that reason; Swaraj Garg v. K.M. Garg , AIR 1978 Del 296.

Withdrawal without reasonable excuse or just cause

Wife is under an obligation to live with her husband in his home and under his roof except in case of distinct and specific misconduct on the part of the husband. The marital obligation has been further buttressed by clear statutory recognition by section 9 of the Hindu Marriage Act; Kailash Wati v. Ayodhia Parkash, 1977 (79) PLR 175.

1. The brackets and figure “(1)” omitted by Act 68 of 1976, sec. 3(a) (w.e.f. 27-5-1976).

2. Ins. by Act 68 of 1976, sec. 3(a) (w.e.f. 27-5-1976)

3. Sub-section (2) omitted by Act 68 of 1976, sec. 3(b) (w.e.f. 27-5-1976).

10. Judicial separation.-

1[(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

COMMENTS

Consideration by Court

It has also to be kept in mind that before granting the prayer to permanently snap the relationship between parties to the marriage every attempt should be made to maintain the sanctity of the relationship which of importance not only for the individuals or their children but also for the society. It would be too hazardous to lay down a general principle of universal application; Hirachand Srinivas Managaonkar v. Sunanda , AIR 2001 SC 1285.

Desertion

To constitute desertion, there must be cessation of cohabitation without cause thereof and consent thereto and with an intention to abandon which is wilfully persisted in for the space of the statutory period. A mere reverance of the relation is not sufficient, since there may be separation without desertion and desertion without separation. Continued separation of husband and wife which may be consistent with no intention to wilfully desert, is not desertion within the meaning of statute; Bipin Chandra v. Prabhavati , AIR 1957 SC 176

1. Subs. by Act 68 of 1976, sec. 4, for sub-section (1) (w.e.f. 27-5-1976). Earlier sub-section (1) was amended by Act 72 of 1956, sec. 2 (w.e.f. 20-12-1956).

11. Void marriages.-

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

Comments

Injunction restraining the other from performing bigamous marriages

There is no provision in the Hindu Marriage Act, 1955 under which a wife, apprehending her husband’s taking second wife, can apply for and obtain an injunction restraining him from doing so. She cannot do so under section 11 or 17 or any other provision of the Act; Umashanker v. Radhadevi, AIR 1967 Pat 220.

1. Ins. by Act 68 of 1976, sec. 5 (w.e.f. 27-5-1976).

12. Voidable marriages.-

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.

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8 months 2 weeks ago #967

Hindu Muslim marriage registration under Tamilnadu marriage Act through Online in Chennai

Last month the Government of Tamilnadu has introduced online marriage registration facility in Tamilnadu . Now the Tamilnadu marriage registration Act made online in Tamilnadu.
If made online, you cannot come to an conclusion that you can register your marriage online and you can download your marriage certificate online.
Find how The Government of Tamilnadu online registration works :-

1. You have to create user id in www.reginet .net to start online process( If You crate user account successfully, that will be appreciated more than a Guinness record)

2. After creating user name you have to fill the application. It will ask all information like name , father name , place of marriage and witness details. So you have to confirm the witness who will for registration, you have to mention the witness details in advance. You cannot change the witness later.

3. Finally it system will suggest some sub registrar office name. you have to select your proper sub registrar office exactly. (For this you must aware of the sub registrar office jurisdiction limits)

4. After selecting the sub registrar office, it will ask your convenient date for registration. If you select current date it will not give you any appointment. So you can get appointment on future dates only. ( If you have any emergency you cannot get appointment even though the sub registrars are free.

5. Very important think that after submitting online application, your online process may not be completed, after submitting application you have to printout the same in paper and you have to visit sub registrar office with hot copy of online application and original , documents and witnesses . (If any mistakes or any omission in online application the head clerk attached to sub registrar office will advise you to make necessary changes in online application and will ask you to come on another day with fresh appointment.

For Example in Karnataka,

To encourage the marriage registration , The Governmnet introduced Aadhar based online registration for Bangalore couples.
As per this future couples can register the marriage through online . After completion of registration , they can download the marriage certificate immediately(Like Birth certificate in Tamilnadu) It will be very useful for the couples those who live in abroad and those who not in position to visit sub registrar office physically.

If they refuse , you can send your tamilnadu marriage registration application through register post. They must register and give certificate compulsorily. If they refuse, you can prefer to file an appeal before district registrar.

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