Uttarakhand Compulsory Registration of Marriage Act, 2010
No: 19 Dated: Mar, 26 2010
Uttarakhand Compulsory Registration of Marriage Act, 2010
(Uttarakhand Act No. 19 of 2010)
An Act to provide for the compulsory registration of all marriages solemnized in the State of Uttarakhand so as to prevent child marriages, check bigamy or polygamy, help women to exercise their rights of maintenance from husband and custody of children, enable widows to claim inheritance and to serve as deterrent to husband deserting their wives and for matters connected therewith or incidental thereto.
Be it enacted by the State Legislature in the Sixty-first year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Compulsory Registration of Marriage Rules, 2010.
(2) It shall come into force on such date as the State Government may, by notification in the Uttarakhand Gazette, appoint.
(3) It extend to the whole of the State of Uttarakhand.
2. Definition. - In these Act, unless the context otherwise requires -
(a) "State Government" means the Government of Uttarakhand;
(b) "Registrar General" means the Inspector-General of Registration appointed under Section 3 of the Registration Act, 1908 (Act No. 16 of 1908);
(c) "District Registrar" means the Registrar of the District appointed under Section 6 of the Registration Act, 1908 (Act No. 16 of 1908) and includes the officer performing the duties of a Registrar under Sections 10 and 11 of that Act;
(d) "local Registrar" means a Local Registrar of marriages appointed by the State Government under this Act"
(e) "Marriage" includes all the marriages contracted by person belonging to any caste, tribe or religion, and the marriages contracted as per any custom, practices or traditions,and also includes re-marriages;
(f) "To contract a marriage" means to solemnize or enter into a marriage in any form or manner,in accordance with any custom,practices or traditions in force;
(g) "Memorandum" means a memorandum of marriage referred to in section 5 or 6
(h) "Priest" means any person who get the marriage performed in accordance with the custom of the community concerned;
(i) "Register" means a register of marriages maintained under this Act;
(j) "Prescribed" means prescribed by rules made under this Act.
3. Compulsory registration of marriage. - (1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, all the marriage solemnized in the State after the commencement of this Act shall be registered within ninety days of solemnization of marriage in such manner as may be prescribed.
(2) Each husband shall be responsible to get the marriage registered :
Provided that where such husband is under the age of 18 year or is an idiot, or a lunatic or is from sickness or infirm or is serving in any of the Armed Forces and is unable to obtain leave to register his marriage, wife shall be responsible to get the marriage registered :
Provided Further that where the wife who is under the age of 18 years or is an idiot, or a lunatic or is sick or infirm or is serving in any of the Armed Forces and is unable to obtained leave to register his marriage,wife shall be responsible to get the marriage registered.
4. Appointment of Local Registrar. - (1) The State Government shall, by notification, appoint such persons as it considers necessary to be the Local Registrar for such local area, as may be specified in such notification.
(2) The District Registrar or Local Registrar shall maintain in the prescribed manner a register of marriage and such other registers as may be prescribed.
5. Memorandum and Registration of Marriage. - (1) The parties to a marriage shall, prepare and sign memorandum in the form specified in Schedule "A" and deliver or send by registered post the said memorandum in duplicate to the Registrar of the area in which the marriage was contracted, within a period of ninety days from the date of marriage.
(2) The memorandum shall be accompanied by the prescribed fee and shall be attested by a prescribed person.
(3) On receipt of the memorandum, the Registrar shall file the same, enter the particulars thereof in the register within seven days and send the duplicate copy thereof to the District Registrar and issue a marriage certificate in such form and manner as may be prescribed.
6. Notice to Parties for Non Registration of marriage. - (1) The Registrar may suo moto or otherwise issue notice to the parties to a marriage which has not been registered under this Act, to appear before him and get the memorandum of marriage signed and delivered with the prescribed fee in such manner and within such time as may be specified in the notice.
(2) On receipt of a memorandum under sub-section (1) the Registrar shall file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the District Registrar and issue the marriage certificate as provided in section 5.
(3) Nothing contained in sub-section (1) shall affect the liability of any person under the provisions of section 13.
(4) Where any party to the marriage or parties to the marriage are minor the Registrar shall inform, to the local Police that the marriage is solemnized in contravention of Child Marriage Restraint Act,1929.