?[1]REGISTRATION OF HINDU MARRIAGES (KARNATAKA) (AMENDMENT) RULES, 1999

PREAMBLE

In exercise of the powers conferred by sub-section (1) of Section 8 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955) the Government of Karnataka hereby makes the following rules further to amend the Registration of Hindu Marriage (Karnataka) Rules, 1966.

Rule 1. Title and commencement.-

(1)     These rules may be called the Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule 2. Amendment of Rule 2.-

(1)     In Rule 2 of the Registration of Hindu Marriages (Karnataka) Rules, 1966 (hereinafter referred to as the said rules).-

(i)       clause (e) shall be omitted;

(ii)      after clause (i), the following shall be inserted, namely.-

"(j) "Witness" means any person who is present at the time of the solemnisation of the Marriage".

Rule 3. Amendment of Rule 4.-

(1)     In Rule 4 of the said rules.-

(i)       in sub-rule (1) the words "the parents of" shall be omitted;

(ii)      for sub-rule (2), the following shall be substituted, namely.-

"(2) Every such memorandum shall be delivered or sent along with an application in Form 1-A"

(iii)     for sub-rule (3), the following shall be substituted, namely.-

"(3) The memorandum and its duplicate shall be signed by three witnesses"

(iv) after sub-rule (4), the following shall be inserted, namely.-

"(5) On filing the memorandum along with the application and completion of registration, the Registrar shall immediately issue a certificate of registration of Marriage in Form II-A and communicate it either to the presenter in person or send it by post to the parties to the marriage"

Rule 4. Amendment of Rule 7.-

In Rule 7 of the said rules.-

(i)       in sub-rule (1), after the words "the duplicate thereof" the words, letter and figure "and an application in Form 1-A" shall be inserted;

(ii)      after sub-rule (2), the following shall be inserted, namely.-

"(3) The Registrar shall, on receipt of the memorandum along with the application in Form 1-A scrutinise them or have them scrutinised. If the memorandum, identity slip or application is found incomplete, the Registrar shall refuse to file such memorandum and pass a brief order in writing to that effect and communicate it to the parties to the marriage".

Rule 5. Amendment of Rule 8.-

In Rule 8 of the said rules.-

(i)       for the words and figures "fee of Rupees two for each extract" the words "fee specified in the Schedule appended to these rules" shall be substituted; and

(ii)      the following provisos shall be inserted, namely.-

"Provided that, where the certified extract of the Memorandum is sought for, the same may be granted without the joint photograph of the bride and the bridegroom:

Provided further that, where certified copy is issued by means of photocopying, the copy of the joint photo of bride and bridegroom may also be granted".

Rule 6. Omission of Rule 10.-

Rule 10 of the said rules shall be omitted.

Rule 7. Amendment of Rule 11.-

In Rule 11 of the said rules, for sub-rule (3) the following shall be substituted, namely.-

"(3) The records and papers specified in column (2) of the Table below shall be destroyed after the period specified in the corresponding entries in column (3).

TABLE

Rule 8. Insertion of new Schedule of fees.-

After Rule 11 of the said rules, the following Schedule of fees shall be inserted, namely.-

"SCHEDULE OF FEES

[See Rule 8]

Provided that, no search fee shall be charged if the application for grant of certified copy is presented along with the application for marriage".

Rule 9. Substitution of Form 1.-

For Form 1 of the said rules, the following shall be substituted, namely.-

"FORM 1

[See Rule-4]

Memorandum of Marriage

Joint photo of the bride and bridegroom (To be attested by bride and bridegroom)

1.        Date of Marriage

2.        Place of Marriage (with sufficient particulars to locate the place):

3.        (a) Full Name of the bridegroom

(b) Name of the Father

(c) Name of the Mother

(d) His age

(e) Usual place of residence

(f) Address

(g) Status of the bridegroom at the time of marriage whether unmarried/widower/divorced:

(h) Signature of the bridegroom, with date:

4.        (a) Full name of the bride:

(b) Name of the Father J

(c) Name of the Mother

(d) Her age:

(e) Usual place of residence

(f) Address

(g) Status of the bride at the time of marriage whether unmarried/widow/divorced:

(h) Signature of the bride, with date:

5.        (a) Full name of Witness:

(Specify the Blood relation if any with bride or bridegroom)

(b) His/Her age

(c) Usual place of residence:

(d) Address:

(e) Signature of the witness with date:

6.        (a) Full name of witness:

(Specify the Blood relation if any with bride or bridegroom)

(b) His/Her age

(c) Usual place of residence

(d) Address:

(e) Signature of the witness with date:

7.        (a) Full name of witness:

(Specify the Blood relation if any with bride or bridegroom)

(b) His/Her age

(c) Usual place of residence

(d) Address:

(e) Signature of the witness with date:"

Rule 10. Insertion of new Form 1-A.-

After Form 1 as so substituted, the following form shall be inserted, namely.-

"FORM 1-A

[See Rule 4(2)]

Application for filling of marriage memorandum

To

The Registrar of Marriages, Under Hindu Marriage Act,

Sir,

Marriage in accordance with the provisions of Hindu Marriage Act, 1955 (Act No. 25 of 1955) has been solemnised between us, the undersigned parties on..........and we request that the following particulars of our marriage be entered in the Hindu Marriages Register.

We hereby declare,

(I)      that a valid marriage was solemnised between us and that the marriage is, capable of being registered under Section 8 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955);

(II)     that the conditions laid down in Section 5 of the said Act have been satisfied; and

(III)   that the particulars given in the application are true to the best of our knowledge and belief.

Signature

(1) Husband

(2) Wife."

Rule 11. Insertion of new Form II-A.-

After Form II of the said rules, the following form shall be inserted, namely.-

"STATE EMBLEM

Government of Karnataka

FORM II-A

[See Rule 4(5)]

Certificate of Registration of Marriage (Under the Hindu Marriage Act, 1955)

This is to certify the Smt@..............D/o.............and Sri@ ..........S/o...................have furnished the particulars in the memorandum declaring that their marriage has been solemnised on............and that the same has been registered this, day...........of.........200.........

Station:

Date:

Registrar of Marriage

Seal

@ Specify full Name and Address."

Rule 12. Substitution of Form VI.-

For Form VI of the said rules, the following shall be substituted, namely.-

"FORM VI

[See Rule 9]

Receipt

[Under Hindu Marriage Act, 1955 (25 of 1955]

Received fees from Sri/Smt........

As follows for

1.        Application fee.

2.        Application for grant of certified copy of marriage.

3.        Application for certified copy of order refusing to file memorandum.

4.        ..........etc......... .......

Total

(In words Rupees___............)

Place:

Date:

Signature

Registrar of Marriages."

Rule 13. Insertion of new Form VII.-

After Form VI of the said rules, the following form shall be inserted, namely.-

"FORM VII

[See Rule 7(1)]

Register showing the details of the application of marriages returned