JAMMU AND KASHMIR HINDU MARRIAGE REGISTRATION RULES, 2014

PREAMBLE

In exercise of the powers conferred by sub-sections (1) and (2) of section 8 of the Jammu and Kashmir Hindu Marriage Act, 1980 (Act No. IV of 1980) and all other powers enabling it in that behalf, the Government of Jammu and Kashmir hereby makes the following rules, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Jammu and Kashmir Hindu Marriage Registration Rules, 2014.

(2)     They shall come into force from such date as may be appointed by the Government in this behalf.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      'Act' means the Jammu and Kashmir Hindu Marriage Act, 1980;

(b)      'Form' means a form appended to these rules;

(c)      'Registrar' means a person appointed as such under rule 5 of these rules for registration of marriages under the Act; and

(d)      'Schedule' means a schedule appended to these rules.

Rule - 3. Registration of marriages.

A Hindu marriage which has been solemnized in the State shall be compulsorily registered before the Registrar of Marriages in the manner as provided hereinafter.

Rule - 4. Age of bride and bridegroom.

On the date of marriage, the age of bride and the bridegroom shall not be less than eighteen years and twenty-one years respectively.

Rule - 5. Appointment of Registrar of Marriages.

All Tehsildars shall be Registrar of Marriages for the purpose of these rules: Provided that in case a Tehsildar is not available in a particular Tehsil, all Naib-Tehsildars of that Tehsil shall be Registrar of Marriages for their respective Niabats for purposes of these rules.

Rule - 6. Application for Registration.

A party to a Hindu Marriage which has been solemnised shall apply in the form specified in Schedule-A for registration of marriage to the Registrar for the local area in which the marriage was solemnized.

Rule - 7. Procedure for Registration.

(1)     When an application for registration of a Hindu marriage is presented before a Registrar by a party to the marriage, the Registrar shall, except when both parties to the marriage appear before him personally and are identified to his satisfaction, give a notice of the application in the form specified in Schedule-B to the other party by registered post and make such enquiries of a summary character as he thinks fit:

Provided that such enquiries shall be completed within a period of thirty days positively by the Registrar.

(2)     On being satisfied about the factum of marriage, the Registrar shall register the marriage and enter the particulars thereof, as given in the application for registration, in the Hindu Marriage Register.

(3)     If the notice referred to in sub-rule (1) above cannot be served or if the Registrar is not satisfied about the identity of the parties to the marriage or about the factum of marriage, he shall, by an order in writing, refuse to register the marriage.

Rule - 8. Hindu Marriage Register.

(1)     A Hindu Marriage Register shall be kept in the form specified in schedule-C.

(2)     The Registrar shall certify under his signature on the title page of every blank Register issued to him the number of pages actually contained in such Register and shall also note the date on which the Register was received by him.

(3)     At the close of every calendar year, the Registrar shall certify the number of marriages registered during the year and wherever a Register is completed, the Registrar shall also certify the number of marriages registered in the particular register.

(4)     The Register used by the Registrar shall be serially numbered.

Rule - 9. Appeal against the order of refusal to register.

(1)     Any party aggrieved by the order refusing to register a marriage may, within thirty days from the date of the order, appeal to the Deputy Commissioner of the concerned District.

(2)     If the appellate authority, after such enquiry as he may think fit to make, is satisfied about the identity of the parties to the marriage and the factum of marriage, he shall order that the marriage be registered and communicate the order to the Registrar concerned.

(3)     In case the Appellate authority is not satisfied about the identity of the parties or the factum of marriage, he shall, by an order in writing, dismiss the appeal.

(4)     On receipt of the order of the appellate authority referred to in sub-rule (2), the Registrar shall register the marriage forthwith.

(5)     The order of the appellate authority shall be final.

Rule - 10. Inspection and grant of copies.

(1)     The Register of Hindu Marriages and the applications for registration shall be open for inspection on such dates and during such hours as the Registrar's office remain open. The applications for registration of Hindu Marriages shall be preserved in the office of Registrar and shall be bound in convenient volumes periodically,

(2)     Any person may, on application, obtain certified copies of the entries in the Hindu Marriage Register in the form of extract specified in schedule-D from the Registrar on payment of fee prescribed in that behalf.

Rule - 11. Fees.

(1)     Fee shall be charged by the Registrar for the purpose and at the rates specified below:-

Provided that if the application for obtaining certified copy does not contain sufficient particulars or contains incorrect particulars of the entry copy whereof is required, a search fee of rupees fifty shall be charged if the entry relates to the current year and rupees one hundred, if the entry relates to the previous years.

(2)     All fees realized under sub-rule (1) shall be credited to the State revenues.

SCHEDULE-A

FORM OF APPLICATION FOR REGISTRATION OF MARRIAGE UNDER JAMMU AND KASHMIR HINDU MARRIAGE ACT, 1980

(ACT NO. IV OF 1980)

(See rule 6)

To

The Registrar

...............................

I..............................son/daughter of.................Resident of................................ Teshil.......................-.........District.............................do hereby apply for registration of my/my ward's marriage under section 8 of the Hindu Marriage Act, 1980. The particulars of the marriage are given below:

(1)     Date of marriage.....................

(2)     Place of marriage....................

(3)     Particulars of bridegroom:

(i)       Name..........................

(ii)      Father's name...............

(iii)     Usual place of residence.

(iv)    Full address...............................

.................................................................

(v)      Age of the bridegroom at the time of marriage.................................

(vi)    Civil condition at the time of marriage, whether unmarried or widower or divorcee............................

(4)     Particulars of bride

(i)       Name.....................................................................

(ii)      Father's name........................................................

(iii)     Usual place of residence..........................................

(iv)    Full address.........................................................

(v)      Age of the bride at the time of marriage........................

(vi)    Civil condition at the time of marriage, whether unmarried or widower or divorcee............................

Signature of applicant

SCHEDULE-B

FORM OF NOTICE

[See rule 7(1)]

Shri .......................

..................................

....................................

Whereas an application (copy enclosed) for registration of Hindu Marriage has been presented to the undersigned under rule 7(1) of the Jammu and Kashmir Hindu Marriage Registration Rules, 2014 by Shri .............................................................

son/daughter of ........................................................................... resident of ...............................................Tehsil...........................district........................

You are, therefore, hereby requested to intimate to the undersigned within .............................Days of receipt of this notice whether you admit the correctness of the particulars mentioned in the aforesaid application and whether you have any objection to the registration of the marriage under section 8 of the Jammu and Kashmir Hindu Marriage Act, 1980. If no objection is received within the aforesaid period, it will be presumed that you have no objection to the registration of the marriage.

Registrar

SCHEDULE-D

FORM OF EXTRACT FROM THE HINDU MARRIAGE REGISTER

[See rule 10(2)]

(1)     Name of the applicant..................................

(2)     Date on which application for registration made.

(3)     Date of marriage.........................................

(4)     Place of marriage........................................

(5)     Particulars

Registration No...............................

Date the.................day of.............200....

Registrar

OFFICE OF THE REGISTRAR....................................

Certified that the above schedule which contains entries regarding marriage between the parties therein is true extract of all the entries in the Hindu Marriage Register.

Registrar

................

[No. LD(Lit) 2005/99-SC/SW Dated 6-2-2014]