[1]REGISTRATION OF HINDU MARRIAGES (KARNATAKA) RULES, 1966

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, namely.--

Rule - 1. Title.--

These rules may be called the Registration of Hindu Marriages (Karnataka) Rules, 1966.'

Rule - 2. Definitions.--

In these rules, unless the context otherwise requires.--

(a)      "Act" means the Hindu Marriages Act, 1955;

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

(c)      "Marriage" means a marriage between any two Hindus fulfilling the conditions of Section 5 and Section 7;

(d)      "Memorandum" means a memorandum of marriage mentioned in Rule 4;

(e)      [2][x x x x x;]

(f)       "Register" means a Hindu Marriage Register kept under these rules;

(g)      "Registrar" means a Registrar of Hindu Marriages appointed under these rules;

(h)     "Registrar-General" means the Registrar-General of Births, Deaths and Marriages appointed under any law for the time being in force relating to the registration of births, deaths and marriages;

(i)       "Section" means a section of the Act.

(j)       [3]["Witness" means any person who is present at the time of the solemnisation of the Marriage;]

Rule - 3. Appointment of Registrars.--

(1)     The State Government may appoint either by name or by virtue of their office, so many persons as it thinks necessary to be Registrars for such local areas as it may specify.

(2)     The Registrars shall be under the general control and superintendence of the Registrar-General.

Rule - 4. Registration of Marriages.--

(1)     [4][The parties to a Hindu marriage may have the particulars relating to their marriage entered in a register and prepare and sign a memorandum in Form I in duplicate and either deliver them in person or send them by registered post to the Registrar of the area in which the marriage took place [5][or in which [6][x x x x x] the bridegroom or the bride ordinarily reside.]]

(2)     [7][Every such memorandum shall be delivered or sent along with an application in Form I-A.]

(3)     [8][The memorandum and its duplicate shall be signed by three witnesses.]

(4)     On receipt of the memorandum and the duplicate the Registrar shall make an endorsement in Form II on the reverse and then paste the memorandum in the Register which shall be in the form of a paste book consisting of blank butts serially numbered, beginning with figure I.

(5)     [9][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 H-A and communicate it either to the presenter in person or send it by post to the parties to the marriage.]

Rule - 5. Duplicates to be forwarded to the Registrar-General.--

(1)     On or before the fifth day of each month the Registrar shall send by Registered Post to the Registrar-General all duplicate copies of the memoranda received by him during the preceding month, affixing at the end of the last of such copies a certificate in Form III.

(2)     On receipt of such duplicates, the Registrar-General shall file them by pasting them in a register similar in form to that maintained by the Registrar under Rule 4 and cause indices of the entries in Form IV and Form V kept in his office.

Rule - 6. Registrar to maintain Indices.--

Every Registrar also shall maintain in Form IV and Form V indices of the entries made by him in the Register.

Rule - 7. Registrar's power to require parties to rectify defects in memorandum etc.--

(1)     [10][If any memorandum received by a Registrar under Rule 4 is not accompanied by the duplicate thereof [11][and an application in Form I-A] or is defective in any respect, the Registrar may require the parties to the marriage to furnish the duplicate or to remedy the defect within such reasonable time as he may specify.]

(2)     Where any memorandum received by him relates to a marriage that has taken place outside the limits of his jurisdiction, the Registrar shall forward such memorandum to the Registrar having jurisdiction under intimation to the parties concerned.

(3)     [12][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 - 8. Grant of certified extracts of Register].--

[13]Certified extracts from the Registers shall, on application, be given by the Registrar on payment of a [14][fee specified in the Schedule appended to these rules].

[15][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 - 9. Crediting of fees, etc.--

For every fees paid under these rules a receipt in Form VI shall be issued and such fee shall be credited to the State Government's account.

Rule - 10. Supply of forms.--

[16][x x x x x.]

Rule - 11. The custody and preservation of registers and records, etc.--

(1)     The Registrar shall certify on the title page of every blank register issued to him the number of pages contained in the register and also note the date on which it was received and opened by him.

(2)     All Registers maintained by the Registrar and the Registrar-General and the indices maintained by the Registrars and Registrar-General shall be preserved permanently.

(3)     [17]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