DELHI (COMPULSORY REGISTRATION OF MARRIAGE) ORDER, 2014

 

PREAMBLE

This executive order is issued in compliance of the directions given in the judgment dated 14-02-2006 by the Hon'ble Supreme Court of India in the case titled Smt. Seema Vs. Ashwani Kumar in Transfer Petition (C) No. 291 of 2005.

Whereas, the Hon'ble Supreme Court in the above said judgment directed for compulsory registration of marriages solemnized in the respective state/U. Territories.

And whereas, in compliance thereof and also to consolidate the law governing registration of marriage in Delhi and to maintain procedural uniformity these executive directions are hereby issued for compulsory registration of marriages solemnized in the Union Territory of Delhi.

Order - 1. Short title extent and commencement.

(a)      This order is called The Delhi (Compulsory Registration of Marriage) Order, 2014.

(b)      This order shall extend to all marriages solemnized in Delhi irrespective of caste creed and religion professed by the parties to the marriage.

(c)      This order shall come into effect on the date of its notification in the official gazette.

Order - 2. Compulsory registration of marriage.

(a)      On the commencement of this order, any marriage solemnized in Delhi, between a male having completed 21 years of age and a female having completed 18 years of age on the date of solemnization of the marriage and of which at least one of the parties is an Indian citizen, such marriage shall be compulsorily registerable in accordance with this order, irrespective of caste, creed and religion professed by any party or parties to such marriage. Provided that if the marriage has already been registered under any existing law, the same shall not be required to be registered under this order.

(b)      Notwithstanding anything in any custom or practice, which may be in derogation with the aforesaid provision regarding compulsory registration of marriage, the provision of sub-clause (a) of this order shall have an overriding effect.

Order - 3. Marriage officer.

For the purpose of compulsory registration of marriage in accordance with this order, the marriage officer already appointed for registration of marriage under the Hindu Marriage Act, Special Marriage Act or any other law for the time being in force in Delhi shall have the jurisdiction to register marriage under this order also .

Provided that the Government of NCT of Delhi may appoint additional marriage officers for the purpose of this order and may also delegate the power of marriage officer to any retired gazetted officer appointed for this purpose for such period not exceeding 5 years after his retirement and having not attained the age of 65 years.

Order - 4. Procedure.

(a)      Within a period of 60 days, excluding the day on which the final ceremony of marriage is solemnized, the parties to the marriage shall apply jointly in the prescribed Form-A for registration of their marriage addressed to the marriage officer having jurisdiction to register the same.

(b)      Such prescribed application shall be accompanied by documentary proof of age of both of the parties to the marriage, solemnization of marriage, identification of the parties, place of residence of the parties to the marriage, citizenship of the parties if any along with the requisite fee of Rupees Two Hundred.

(c)      On receiving such application along with requisite documents as prescribed above and satisfaction of the marriage officer as regard authenticity of such proof, the same shall be entered in the register of marriage prescribed for this purpose as per Form-B.

(d)      After having received such application complete in all aspect and having entered the same in the prescribed register, the marriage officer shall fix a date for the parties to appear in person along with two witnesses who shall certify to the solemnization of such marriage and bearing proof of permanent resident of Delhi.

(e)      The marriage officer thereafter on personal appearance of the parties with witnesses on such appointed date or any other extended date and on satisfaction of solemnization of such marriage in Delhi shall issue the requisite certificate of registration of such marriage as per Form-C.

Order - 5. Jurisdiction of marriage officer.

The marriage officer within whose district the marriage has been solemnized shall have the jurisdiction to register the marriage.

Provided that the Sub-Divisional Magistrate (Head Quarter), Additional District Magistrate and District Magistrate of Delhi shall have concurrent jurisdiction over entire Delhi to register any marriage solemnized in Delhi within any Revenue District of Union Territory of Delhi.

Order - 6. Condonation of delay.

In case of default to get the marriage registered within the prescribed period of 60 days, the marriage officer shall have the power to condone the delay not exceeding further 60 days subject to additional fee of Rupees Five hundred and thereafter register the marriage.

Order - 7. Consequence of non-registration of marriage within the period prescribed.

Any party to the marriage having not registered their marriage within the prescribed period/or extended period shall suffer a penalty of Rupees One Thousand, imposed by the marriage officer.

Provided that such penalty or any part of it may be remitted by the Additional District Magistrate of such district or the District Magistrate, Delhi on application made in respect thereof by any party explaining reasonable cause for not getting the marriage registered. The Additional District Magistrate or the District Magistrate shall thereafter direct the marriage officer having jurisdiction, to register such marriage on payment of requisite fee and the penalty so imposed.

Order - 8. Validity.

Registration of marriage under this order will not tantamount to validity of marriage as the same would be the subject matter of the respective law, custom and practice professed by the parties as applicable to such marriage.

Order - 9. E-registration.

The Govt. of NCT of Delhi shall endeavor to create a dedicated portal for the purpose of online submission of application and prior appointment to facilitate compulsory registration of marriage. The application form alternatively shall be available on such portal which may be downloaded by the parties and be submitted along with requisite documents manually at the respective counters of the marriage registration offices. On such submission either manually or online, a computer generated priority number along with appointed date for registration of marriage shall be made available to the applicants to be produced at the time of personal appearance before the marriage officer to register the marriage.

Order - 10. Tatkal registration of marriage.

To facilitate registration of marriage in case of urgency on priority basis, corresponding optional facility shall also be available subject to payment of additional fee of Rupees Ten Thousand.

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DELHI (COMPULSORY REGISTRATION OF MARRIAGE) ORDER, 2014

 

PREAMBLE

This executive order is issued in compliance of the directions given in the judgment dated 14-02-2006 by the Hon'ble Supreme Court of India in the case titled Smt. Seema Vs. Ashwani Kumar in Transfer Petition (C) No. 291 of 2005.

Whereas, the Hon'ble Supreme Court in the above said judgment directed for compulsory registration of marriages solemnized in the respective state/U. Territories.

And whereas, in compliance thereof and also to consolidate the law governing registration of marriage in Delhi and to maintain procedural uniformity these executive directions are hereby issued for compulsory registration of marriages solemnized in the Union Territory of Delhi.

Order - 1. Short title extent and commencement.

(a)      This order is called The Delhi (Compulsory Registration of Marriage) Order, 2014.

(b)      This order shall extend to all marriages solemnized in Delhi irrespective of caste creed and religion professed by the parties to the marriage.

(c)      This order shall come into effect on the date of its notification in the official gazette.

Order - 2. Compulsory registration of marriage.

(a)      On the commencement of this order, any marriage solemnized in Delhi, between a male having completed 21 years of age and a female having completed 18 years of age on the date of solemnization of the marriage and of which at least one of the parties is an Indian citizen, such marriage shall be compulsorily registerable in accordance with this order, irrespective of caste, creed and religion professed by any party or parties to such marriage. Provided that if the marriage has already been registered under any existing law, the same shall not be required to be registered under this order.

(b)      Notwithstanding anything in any custom or practice, which may be in derogation with the aforesaid provision regarding compulsory registration of marriage, the provision of sub-clause (a) of this order shall have an overriding effect.

Order - 3. Marriage officer.

For the purpose of compulsory registration of marriage in accordance with this order, the marriage officer already appointed for registration of marriage under the Hindu Marriage Act, Special Marriage Act or any other law for the time being in force in Delhi shall have the jurisdiction to register marriage under this order also .

Provided that the Government of NCT of Delhi may appoint additional marriage officers for the purpose of this order and may also delegate the power of marriage officer to any retired gazetted officer appointed for this purpose for such period not exceeding 5 years after his retirement and having not attained the age of 65 years.

Order - 4. Procedure.

(a)      Within a period of 60 days, excluding the day on which the final ceremony of marriage is solemnized, the parties to the marriage shall apply jointly in the prescribed Form-A for registration of their marriage addressed to the marriage officer having jurisdiction to register the same.

(b)      Such prescribed application shall be accompanied by documentary proof of age of both of the parties to the marriage, solemnization of marriage, identification of the parties, place of residence of the parties to the marriage, citizenship of the parties if any along with the requisite fee of Rupees Two Hundred.

(c)      On receiving such application along with requisite documents as prescribed above and satisfaction of the marriage officer as regard authenticity of such proof, the same shall be entered in the register of marriage prescribed for this purpose as per Form-B.

(d)      After having received such application complete in all aspect and having entered the same in the prescribed register, the marriage officer shall fix a date for the parties to appear in person along with two witnesses who shall certify to the solemnization of such marriage and bearing proof of permanent resident of Delhi.

(e)      The marriage officer thereafter on personal appearance of the parties with witnesses on such appointed date or any other extended date and on satisfaction of solemnization of such marriage in Delhi shall issue the requisite certificate of registration of such marriage as per Form-C.

Order - 5. Jurisdiction of marriage officer.

The marriage officer within whose district the marriage has been solemnized shall have the jurisdiction to register the marriage.

Provided that the Sub-Divisional Magistrate (Head Quarter), Additional District Magistrate and District Magistrate of Delhi shall have concurrent jurisdiction over entire Delhi to register any marriage solemnized in Delhi within any Revenue District of Union Territory of Delhi.

Order - 6. Condonation of delay.

In case of default to get the marriage registered within the prescribed period of 60 days, the marriage officer shall have the power to condone the delay not exceeding further 60 days subject to additional fee of Rupees Five hundred and thereafter register the marriage.

Order - 7. Consequence of non-registration of marriage within the period prescribed.

Any party to the marriage having not registered their marriage within the prescribed period/or extended period shall suffer a penalty of Rupees One Thousand, imposed by the marriage officer.

Provided that such penalty or any part of it may be remitted by the Additional District Magistrate of such district or the District Magistrate, Delhi on application made in respect thereof by any party explaining reasonable cause for not getting the marriage registered. The Additional District Magistrate or the District Magistrate shall thereafter direct the marriage officer having jurisdiction, to register such marriage on payment of requisite fee and the penalty so imposed.

Order - 8. Validity.

Registration of marriage under this order will not tantamount to validity of marriage as the same would be the subject matter of the respective law, custom and practice professed by the parties as applicable to such marriage.

Order - 9. E-registration.

The Govt. of NCT of Delhi shall endeavor to create a dedicated portal for the purpose of online submission of application and prior appointment to facilitate compulsory registration of marriage. The application form alternatively shall be available on such portal which may be downloaded by the parties and be submitted along with requisite documents manually at the respective counters of the marriage registration offices. On such submission either manually or online, a computer generated priority number along with appointed date for registration of marriage shall be made available to the applicants to be produced at the time of personal appearance before the marriage officer to register the marriage.

Order - 10. Tatkal registration of marriage.

To facilitate registration of marriage in case of urgency on priority basis, corresponding optional facility shall also be available subject to payment of additional fee of Rupees Ten Thousand.