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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.

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25 thoughts on “TAMIL NADU REGISTRATION OF MARRIIAGES ACT & RULES,2009 PART I”

  1. I got married on last jun 15th 2017. I want to apply divorce. I have faced lot of problems my wife. I have one child 10months old. Pls help me to get divorce . Pls reply. Rajesh.

  2. Namaste sir
    I am 28 year old Christian girl. I want to register my marriage with a Hindu boy. But my family is against for our marriage. So we planned for getting registered. Many times we visited the registrar office and they were telling that the parents have to come for the registration.
    As we are getting registered is it cos my parents are against for it. But they are just telling excuses like this. What I should do for this
    Please suggest me soon
    Thank you

  3. I am a Christian boy i want to marry a hindu girl
    Of different cast ,so how can i register
    But our parents will not sopport us for mrg so what can i do ?? Sir

  4. Sir am a Christian girl and I am going to marry hidhu boy nd we both are from different caste our marriage Going to have in church in which marriage act our marriage Going to register

  5. Sir, my name is revathi i was married 30/08/2009. But i was not registred my marriage. It will be problem for future. My husband also say i will marry another one. What can i do sir. Kindly guide me sir i am in chennai

  6. Sir,
    I am a Sikh and married in the Gurdwara in Chennai. I wants to Register my marriage with the Registrar under Anand Marriage Act 1909.
    or please update me what is the procedure to get the marriage registration.

  7. how get the registered marriage certificate on line, marriagecertificate sl no 21/2017 at jolarpet,tamilnadu.

  8. I am apply Registrar Office, Purasaiwalkam Tamilnadu Hindu marriage. How get the registered marriage certificate on line, marriagecertificate sl no 185/2016 at chennai Central Purasaiwalkam , tamilnadu hindu government act, 2009 ?

  9. This is Subashini Venkadesh… We got married at 27/11/ 2014 under Tamil Nadu registration of Marriage act, 2009. We didn’t live in together till now. But we are loving each other. Waiting for our parents supports. Hahaha we are coming in same caste and relatives also. They won’t accept our marriage. If any situation u faced, don’t lose ur confidential level. Hope to all will be right. ” Every problem has one solution ” love ur wife/Husband forever. Nothing is permenant in dis world without LOVE… ALL THE BEST FOR ALL… Pray for us… Thanku 🙂

  10. I am a Muslim girl. I got married as per muslim sharia the and subsequently registered under Tamilnadu registration act, 2009.Under this circumstance, can a Muslim husband remarry second wife without getting the divorce of first wife in the court of law or just muslim shariath law is enough to dissolve marriage ?

  11. In muslim marriage, if get married according to shariath law and after if registered in tamilnadu regestration act 2009, during divorce , should go court apply petition like other marraige act 1954 etc or just muslim shariath law is enough to dissolve marriage ?

  12. Sir, My son aged 25 yrs and loving agirl of 27yrs.old. Her parents are objecting because of age and caste difference. How to arrange marriage with legal remedies. Both are well educated and well placed. Kindly reply Please.

  13. how get the registered marriage certificate on line, marriagecertificate sl no 80/2011 at chennai north sembiam, tamilnadugoverment act marriage?

  14. how get the registered marriage certificate on line marriagecertificate sl no 80/2011 at chennai north sembiam tamilnadugoverment act marriage?

  15. Hello,

    we have 3kids and my wife wants divorce, may I know complete details and how to do.

    Please advice

    Regards
    Durai

  16. what is the procedure to register hindu marriages as per tamil nadu marriages act 2009. and what are the certificates need to register the marriages after a long time.

  17. Reply to Mr. Umr. Sir, if you are not able to register your marriage under the TN.Registration of Marriages, then you can register your marriage under the Special Marriage Act. If you go through that act, you can find the difference between the registration of the marriage which already took place and the performing the marriage before the Sub-Registrar. By merely registering the marriage, you will not come under the civil law.

  18. i got married in 1991. i need a marriage certificate. how do i get that. is there any provision in law to register marriage.

  19. I am a muslim. I missed to register under the Tamil Nadu marriage registration Act 2009. Now, I have a need to get the marriage certificate and when I checked up, I got to know that I cannot register under Tamil Nadu Marriage ACT as it gives only 150 days time period to get the marriage registered and if the marriage is not registered within 150 days , I cannot register under TN marriage registration Act 2009. The only option that I have to get a Govt registration certificate is by applying certificate through Special marriage Act with 30 days notice period. The issue here is that, if I get the Special Marriage Act registration done, I will come under the Civil law and the Muslim personal law/sharia law will not be applicable. Please suggest how can I get the marriage registered in this case under TN 2009 Marriage registration Act. Thanks for your help!

  20. Hello sir,

    Am a muslim got married in feb 2012 in Jamat and got registered as per tamilnadu registration of marriage act and now she is her parents and harassing me stating she will put a dowry case 498a and I wanted to apply for divorce.

    My question is as I got my marriage registered as per tamilnadu registration of marriage act. Can I follow divorce process as per muslim law or this act puts me in trouble. Does this act interfere in divorce process of sharia. Does this act overrule the muslim law of second marriage.

    Need help

  21. Whether this Act is applicable for Muslim also, when there is seperate law for Muslims

  22. I got married on last aug’2010. i want to apply divorce. i have faced a lot of problems because of my wife.
    pls help me to get the divorce for my happy life.
    note- We have not no child till.

    pls reply
    Thanks
    Senthil

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