REGISTRATION OF MARRIAGE

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REGISTRATION OF MARRIAGE & REGISTERED MARRIAGE : 

1 REGISTRATION OF MARRIAGE & REGISTERED MARRIAGE

GROUP MEMBERS : 

2 GROUP MEMBERS LYNELL (91) MANU (92) MAYSA (93) MELITA (94) MELROY (95) NEHA (96)

REGISTRATION OF MARRIAGE : 

3 REGISTRATION OF MARRIAGE

INTRODUCTION : 

4 INTRODUCTION India has a dual system of matrimonial laws. Communities have their personal laws. Individual can opt for national laws on civil marriages. Since February 2006 the Supreme Court has directed the State governments thrice to frame Rules for compulsory registration of all marriages.

Slide 5: 

5 APPLICATION FORM FOR REGISTERATION OF MARRIAGE SCHEDULE – ‘A’ Form of application for Registration of Marriage Under the Hindu marriage Act 1955 [SEE RULE (5)] To The Registrar of Marriages, ______________________ I __________________________ S/o D/o W/o _____________________ resident of village _______________________ Tehsil _____________________ District _________________________ do hereby apply for registration of my marriage under section – 8 of the Hindu Marriage Act 1955. The particulars of the marriage are given below : - 1. Date of marriage __________________________________________ 2. Place of marriage __________________________________________ 3. Name of BRIDEGROOM ____________________________________ (a) His Father’s Name ______________________________________ (b) Usual place of resident ___________________________________ (c) Full Address ___________________________________________ (d) Foreign address, if any ___________________________________ (e) Age of bridegroom at the time of marriage ____________________ (f) Civil Condition at the time of marriage Whether remarried / widower / divorced ______________________ 4. (a) Name of BRIDE ________________________________________ (b) Her father’s Name ______________________________________ (c) Usual Place of bride ____________________________________ (d) Full address of bride ____________________________________ (e) Foreign address, if any __________________________________ (f) Age at the time of ______________________________________ (g) Civil condition at the time of marriage whether unmarried / widow / divorce ________________________ Signature of the Applicant Place _________________ Dated _________________

Slide 6: 

6 Page 2SCHEDULE – ‘D’ Form of Extract For Hindu Marriage Register SEE RULE (10) 1. Name of Applicant ___________________________________________ 2. Date on which application for registration made _____________________ 3. Place of marriage ____________________________________________ Particular of Bridegroom Particular of Bride 1. Name ___________________________________________________ 2. Father’s Name ____________________________________________ 3. Usual place of Residence _______________________________________________ 4. Full Address ______________________________________________ 5. Foreign address, if any _____________________________________ 6. Age at the time of Marriage __________________________________ 7. Civil condition at the time Of marriage whether married/ Unmarried/widow/divorced. __________________________________ REGISTERED AT No. _________________ ON _________________ REGISTRAR OF MARRIAGES Certified that the above which contains entries from ____________ No. 1 to 6 regarding the registration of marriage __________________________ With ____________________________________ is true extract of all the entries In the Hindu Marriage Register. Registrar of Marriages

Slide 7: 

7 Original/Duplicate/Triplicate Page 3FORM No. 32-A PROVINCIAL (See Articles 266 & 305) CHALLAN No. Treasury/Sub Treasury Challan of Cash paid into the Branch of State Bank of India Reserve To be filled the remitter To be filled in by the remit Departmental officer of the treasury By whom tender ed Name o f designation & address of the person whose behalf money is paid Full particulars of the remittance & of authority (If any) Amount Rs P. Head of account Order in the Bank Total Date……………….. Correct Receive & Grant Receipt Signature & Full Designation of the officer ordering money to be paid as In Rupees words Signature To be used in the case of remittance to the Rs. In words Bank through an officer of the Got. Received Payment Date Treasury Officer Treasurer Accountant Agent

Documents required : 

8 Documents required Application form completed in all respect and signed by both Husband & Wife. Proof of residence (Voter I-card/Ration card). Separate affidavit in prescribed format from Husband & Wife. Date of birth proofs of both parties (10th Class certificate, Date of birth certificate). Two passport size photograph of Husband and Two Passport Size Photograph of Wife and one photo of marriage. Marriage invitation card if available. Original copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

Slide 9: 

9 In case one of the parties belong to other than Hindu Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage ( in case of Hindu Marriage Act). In case applicant is a foreign national, a NO Objection Certificate in original from the concerned High Commission to be submitted along with the application form. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. One witness of Gazetted Officer ( Gazetted Officer should bring Official Seal and Office Identity Card) IMPORTANT : All documents needs to be attested by Gazetted Officer.

Registration of Hindu, Buddhist, Jain and Sikh marriages. : 

10 Registration of Hindu, Buddhist, Jain and Sikh marriages. A. Hindu Marriage Act Baroda Hindu Nibandh 1937 Not applicable in Goa, Daman and Diu, Jammu and Kashmir. Hindu Marriage Register Scheduled Tribes, tribal marriages are out of scope of the act.

Slide 11: 

11 B. Hindu Marriage Registration Rules Rajasthan and Madhya Pradesh first to make rules. State rules have not been uniform. Eg: Assam Hindu Marriage Rules 1961, Kerala Hindu Marriage registration rule 1957, West Bengal Hindu marriage registration rules 1958, Andhra Pradesh Hindu marriage registration rules 1965, Karnataka registration of Hindu marriages rules 1966, Uttar Pradesh Hindu Marriage registration rules 1973. Supreme Court directive of 2006 made registration compulsory Registrar General- Supervisory and Appellate authority.

Slide 12: 

12 Marriages may, according to the Act, be solemnized by the following: Ministers of Church who have received episcopal ordination; Clergymen of the Church of Scotland; Ministers of Religion licensed under the Act; Marriage Registrars appointed under the Act; and Persons licensed under the Act to grant certificates of marriage between “Indian Christians”. Indian Christian Marriage Act 1872

Parsi Marriage Act 1936 : 

13 Parsi Marriage Act 1936 First enacted in 1865 - replaced by a new Act in 1936 the new Act was amended in some respects in 1988. Parsi priest is required to certify them in a prescribed form (Section 6). Priest have to periodically transmit their records to Marriage Registrars (Section 12). The Marriage Registrars are to be appointed by the State Government for various areas except within the local limits of the ordinary original civil jurisdiction of a High Court for which they are to be appointed by the Chief Justice or a senior Judge of the Court (Section 7). The Marriage Registrars except those appointed by the High Court are required to periodically transmit copies of their records to the Registrar-General of Births, Deaths and Marriages (Section 9).

Bahai and Jewish Marriages : 

14 Bahai and Jewish Marriages Bahai marriages are solemnized by religious officials of the community which has a system of certification of marriages very similar to the nikah-namas issued by the kazis in Muslim marriages The Jewish system of solemnization is also similar to that of the Muslims. Jewish priests known as Rabbis solemnize marriages and issue certificates. There is no legal requirement, or practice, of registering the Bahai or the Jewish marriages with the State registry

Registration Of Muslim Marriages : 

15 Registration Of Muslim Marriages Certification by Kazis - Religious officials ‘Kazis’ - Ceremony Known as ‘Nikah’ - Nikah Nama (Marriage certificate)

Nikah Nama : 

16 Nikah Nama

Slide 17: 

17 The Kazis Act,1880 - Appointing of Kazis by State Governments - Removed on misconduct - Presence is not mandatory

Slide 18: 

18 Local Muslim Marriage Act -in 6 states (i) West Bengal (ii) Bihar (iii) Jharkhand (iv) Assam (v) Orissa (vi) Meghalaya

Case : 

19 Case Sanjay Dutt and Manyata -Manyata violated the Muslim marriage norms as she was still Mehraj Shaikh’s legal wife. -He claimed he married Manyata in 2003 and their marriage is still valid.

General state laws on marriage registeration : 

20 General state laws on marriage registeration 1.Bombay Registration of Marriages Act 1954 2.Laws of Other States

Registeration of civil marriages : 

21 Registeration of civil marriages Old Special Marriage Act 1872 New Special Marriage Act 1954 Foreign Marriage Act 1969

REGISTERED MARRIAGE : 

22 REGISTERED MARRIAGE

INTRODUCTION : 

23 INTRODUCTION One who wishes to retain one’s religion even after the marriage has to go through the prescribed procedure for the marriage under the Special Marriage Act, 1954. Filling a form in the local Registrar office Issue of “Marriage Certificate”

CONCLUSIONS : 

24 CONCLUSIONS Tremendous Diversity of Laws Muslim Society – Private registration of marriages by Kazis – needs to be linked with the State Registry Very few states having compulsory registration Faulty and Ineffective laws Different laws regulating the administrative machinery for registration Various communities still governed by different marriage laws The general confusion that registration of a marriage solemnized as per religious rites and desired to be governed by the religious-based law of the parties will turn it into a civil marriage; needs to be effectively removed Advantages of registration and disadvantages of non-registration are not clearly specified in any law or policy document

RECOMMENDATIONS : 

25 RECOMMENDATIONS A “Marriage Act” should be enacted by Parliament applicable in the whole of India and to all citizens irrespective of their religion A proper and common machinery for registration of marriages, including registration offices at the district/sub-district levels The proposed law should make it mandatory for the “officiating priest” of every marriage to prepare and maintain proper records of all marriages in a prescribed form.

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