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MAHARASHTRA ANAND MARRIAGES REGISTRATION RULES, 2020

MAHARASHTRA ANAND MARRIAGES REGISTRATION RULES, 2020

MAHARASHTRA ANAND MARRIAGES REGISTRATION RULES, 2020

PREAMBLE

In exercise of the powers conferred by sub-sections (1) and (2) of section 6 of the Anand Marriage Act, 1909 (7 of 1909), the Government of Maharashtra hereby makes the following rules to provide for registration of Anand Marriages, Namely:

Rule - 1. Short Title.

These rules may be called the Maharashtra Anand Marriages Registration Rules, 2020.

Rule - 2. Definitions.

In these rules, unless the context requires otherwise

(a)      "Act" means the Anand Marriage Act, 1909 (7 of 1909),

(b)      "Anand marriage" means the marriage solemnized according to the Sikh Marriage ceremony called Anand (Commonly known as Anand Karaj),

(c)      "District Registrar" means the Joint District Registrar appointed under the Registration Act, 1908 (16 of 1908) for the District,

(d)      "Form" means a register of Anand marriages maintained by the Registrar under the Act,

(e)      "Register" means a register of Anand marriages maintained by the Registrar under the Act,

(f)       "Registrar" means such officer of the State Government or of a local authority authorized by the State Government, by notification in the Official Gazette, under sub-section (1) of section 6 of the Act.

Rule - 3. Jurisdiction.

The Anand marriage shall be registered with the Registrar within whose jurisdiction such marriage is solemnized.

Rule - 4. Maintenance of Register of Anand Marriage.

(i)       The Registrar shall maintain Register of Anand marriage in Form-I.

(ii)      The Registrar shall on an application give a certified extract from the Register to the parties of the marriage on payment of a fee of rupees two per page.

Rule - 5. Procedure for Registration.

(1)     The parties to the Anand marriage shall prepare a memorandum in duplicate in Form-II and submit the same to the Registrar alongwith documents to prove the solemnization of the Anand marriage to the satisfaction of the Registrar and registration fee of rupee fifty within a period of thirty days form the date of solemnization of their Anand marriage :

Provided that, for registration of anand marriage solemnized before the commencement of these rules such memorandum may be submitted within a period of one year from the date of commencement of these rules.

(2)     The memorandum shall be signed by both the parties to the Anand marriage and at least two other persons who have witnessed the Anand marriage.

(3)     The parties to the Anand marriage who have not registered their Anand marriage within the period specified under sub-rule(1) may get their Anand marriage registered by submitting the memorandum to the Registrar in Form-II and a Declaration in Form-III along with documents to prove the solemnization of the Anand marriage to the satisfaction of the Registrar and Registration alongwith a fee of rupees of two hundred :

Provided that, such Declaration shall be attested by a Gazetted Officer or Member of Parliament or Member of Legislative Assembly or Local Self Government Institutions or notary.

Rule - 6. Verification and registration of marriages.

(1)     Where on verification and scrutiny of the memorandum and documents received under sub-rule (1) or sub-rule (3) of rule 5 the Registrar is satisfied that the Anand marriage has been solemnized, be may enter the particulars of the Anand marriage in the Register and issue a Certificate of Anand Marriage in Form-IV.

(2)     Where the Registrar has reasons to believe that :

(a)      the marriage between the parties has not been performed in accordance with Anand marriage ceremony; or

(b)      the identity of the parties or the witness testifying the solemnization of the Anand marriage is not established; or

(c)      the document tendered before him do not prove the marital status of the parties, he may, call upon the parties to produce such further information or documents as he may deem necessary, for establishing the identity of the parties and witness or correctness of the information or documents presented to him within a period of thirty days from the date of receipt of memorandum.

Rule - 7. Refusal of registration of Anand marriage.

The Registrar may, for the reasons to be recorded in writing, refuse the registration of Anand marriage, if the parties of the Anand marriage fails to comply with the directions issued by him under sub-rule (2) of rule (6).

Rule - 8. Correctness of the parties of Anand marriage.

(1)     The Registrar may, on an application made by any party to the Anand marriage, if satisfied that there is typographical or clerical mistakes in the entries made in the Register or in the Certificate of Registration in relation to the name, age or date of Anand marriage, make suitable corrections with previous sanction of the District Registrar and affix his signature to each such correction.

Rule - 9. Appeal.

(1)     Any person or party aggrieved by the decision of the Registrar may, file an appeal to the District Registrar within a period of three months from the date of communication of such decision:

Provided that, the delay, if any, in filing such appeal may be condoned for the reasons to be recorded in writing by the District Registrar, if the appellant satisfies District Registrar that he had sufficient cause for not preferring an appeal within the specified period.

(2)     The District Registrar shall, after giving an opportunity of hearing to the parties concerned, dispose of the appeal within a period of fifteen days.

Rule - 10. Filling of memorandum.

(1)     The registrar shall forward duplicate copies of the memorandum received in a month to the District Registrar before the 10th day of every subsequent month.

(2)     The originals of the memorandum received by the Registrar and duplicate copies forwarded to the District Registrar shall be retained under the Maharashtra Registration of Marriage Bureaus and Registration of Marriages Act, 1998 (Mah. XX of 1999).

(3)     The Registrar shall also forward particulars of the corrections made under rule 7 with the date of correction and a copy thereof to the District Registrar.

FORM-I

[See Rule 5]

REGISTRAR OF ANAND MARRIAGE

(1)     Date of Marriage:

(2)     Place of Marriage (Specify hall, auditorium etc.) : Local area Village Taluka District

Signature of the Husband

Photo of the Husband to be affixed

Photo of the Wife to be affixed

Signature of the Wife

(3)     Details of Parities to the Marriage (As on the date of marriage)

Details

Husband

Wife

(a)      Name in full (in capital letters)

(b)      Nationality

(c)      Age and date of birth (sufficient proof shall be produced)

 

(d)      Permanent address

 

(e)      Present address

 

(f)       Previous marital status Married Unmarried Widower Widow Divorced

 

(g)      Whether any spouse is living (if yes, number of spouse living)

 

(h)     Name of father or guardian and the relationship

(i)       Age

 

(ii)      Address

 

(iii)     Name of mother

 

(iv)    Age

 

(v)      Address

 

(vi)    Put ( ) mark on whichever is applicable.

 

(4)     Witness of solemnization of marriage

(5)     (a) Name :

(b) Address

(6)     (a) Name :

(b) Address:

SPACE FOR OFFICE USE

(7)     Date of Receipt of memorandum.........................................................................

 

(8)     Details of Documents/records/Proof of marriage required under rule 6:

Date:

Registrar

Registration No./(Year) Date

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

Registrar

FORM –II

[See Rule 5 (1)]

MEMORANDUM FOR REGISTRATION OF ANAND MARRIAGE

(1)     Date of Marriage:

 

(2)     Place of Marriage (Specify hall, auditorium etc.) : Local area Village Taluka District.

 

(3)     Details of Parities to the Marriage (As on the date of marriage)

Details

Husband

Wife

(a)      Name in full (in capital letters)

 

(b)      Signature

 

(c)      Nationality

 

(d)      Religion

 

(e)      Age and date of birth (sufficient proof shall be produced)

 

(f)       Permanent address

 

(g)      Present address

 

(h)     Previous marital status Married Unmarried Widower Widow Divorced

 

(i)       Whether any spouse is living (if yes, number of spouse living)

 

(j)       Name of father/mother

(i)       Age

 

(ii)      Address Signature with date (if he/she is a consenting party)

 

(iii)     Name of mother

 

(iv)    Age

 

(v)      Address

 

(vi)    Put ((???)) mark on whichever is applicable

(4)     Witness of solemnization of marriage.

1.        (a) Name:

(b) Address

(c) Signature with date

2.        (a) Name:

(b) Address

(c) Signature with date

(5)     Details of Documents/records/proof of marriage required under rule 6:

Declaration of parties

We _______________________ .do hereby declare that our marriage has been solemnized as per Sikh anand marriage ceremony the details shown above are true to the best of our knowledge and belief.

Signature of the parties:

Place:

Date:

1.        Husband

2.        Wife

(For Office Use)

Received in person on ___________________ .

Registrar

Registered in the registrar of Marriages (Common) ___________

___________ As Registration. No _____________________

Registrar

    

FORM No. III

[See Rule 5 (3)]

DECLARATION

WE, _____________ (Name of the husband and wife) do hereby declare that our marriage was solemnized as per Sikh anand marriage ritual ceremony on _______ (Date of marriage) at ___________ (place of marriage).

The memorandum for registration of marriage could not be submitted within period specified under rule 6 due to _______ (specify reason). We hereby submit memorandum (Form-II) along with documents to prove the solemnization of the marriage for the purpose of registration of our marriage

Place:

Date

Signature of husband 

Signature of wife

DECLARATION TO BE ATTESTED BY GAZETTED OFFICER/MEMBER OF PARLIAMENT/MEMBER OF LEGISLATIVE ASSEMBLY/MEMBER OF LOCAL SELF GOVERNMENT INSTITUTIONS

I ................................................... hereby certify that the marriage between .................... .................... and ................................. was Solemnized on ............ and the fact is personally known to me.

Signature with place, date and seal

FORM No. IV

(See Rule 6)

GOVERNMENT OF MAHARASHTRA

Department of Maharashtra

CERTIFICATE OF MARRIAGE

[Issued under rule 6 of the Maharashtra Anand Marriages Registration rules, 2020]

Certified No...................................................

Dated...................................

This is to certify that the following information has been taken from the registrar of Anand Marriages maintained in Form No I in the Office of the Registrar of ......(local area).

1.        Date of marriage............

 

2.        Place of Marriage..........

 

3.        Details of parties to the marriage

Details

Husband

Wife

(a)      Name in full (in capital letters)

 

(b)      Nationality

 

(c)      Age and date of birth

 

(d)      Occupation

 

(e)      Permanent address

 

(f)       name of parents or guardian and the relationship.

(i)       father

(ii)      Mother

Photographs:

(Office seal covering photographs)

Registration No. with year...............................

Date of Registration.......................................

Registrar

(Name of Local Area)

Issued under my hand and seal on this the.................... Day of ....................