THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957

[1]THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957

PREAMBLE

In exercise of the powers conferred by sub-section (i) of Section 8 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955), the Government of Kerala hereby make the following Rules for the registration of the Hindu Marriage: namely:-

Rule - 1.

These Rules may be called the Kerala Hindu Marriage Registration Rules, 1957.

Rule - 2.

They shall come into force on such date as the Government may by notification in the Gazette appoint.

Rule - 3. Definitions.

In these Rules, unless the context otherwise requires:-

(a)      "Registrar General" means the Registrar General of Births, Deaths and Marriages appointed by the Government under Section 6 of the Births. Deaths and Marriage Act. Central Act VI of 1886.

(b)      "Local Registrar" means any person appointed by Government in accordance with Rule 4 to be Registrar of Marriages for,

(i)       the whole or part of the local area comprised within the limits of Trivandrum City, or

(ii)      the whole or part of a local area comprised in any Municipality in Kerala State established under provisions of law for the time being in force, or

(iii)     the whole or part of a Revenue Village or group of Revenue Villages.

[2][(bb) "District Registrar" means any person appointed in accordance with rule 4A to be a District Registrar.]

(c)      "Local Registration area" means the jurisdiction assigned to a "Local Registrar".

(d)      "Compulsory Registration area" means the Local Registration area in which registration of marriages is declared by the Government to be compulsory in accordance with sub-section (2) of section 8.

(e)      "Marriage" means a marriage solemnized in accordance with the provisions of the Act.

(f)       "Register" means the Hindu marriage Register kept in Form II in accordance with section 8.

(g)      "Act" means the Hindu Marriage Act, 1955 (Central Act XXV of 1955).

(h)     "Section" means a Section of the Act.

(i)       "the Government" means the Government of Kerala

(j)       "Inspecting officer" means any officer deputed by the Registrar General to inspect the Marriage records.

(k)      "Form" means a form appended to these Rules.

Rule - 4.

Government may appoint by notification in the Gazette any person by name or by virtue of the office held by him to be a "Local Registrar" and define "the local Registration area" constituting his jurisdiction.

Rule - [4A.

Government may appoint by Notification in the Gazette any person by name or by virtue or the office held by him to be a District Registrar for every revenue district.]1

Rule - 5.

The Local Registrar shall unless permitted otherwise by the Registrar General, reside within his jurisdiction and maintain an office, at the outer door of which shall be displayed a signboard indicating his designation and hours of business.

Rule - 6.

As soon as may be possible and not later than 15 days after the solemnisation of a marriage, the husband may and in compulsory registration area shall give or cause to be given a report about the marriage in Form No. 1 (in original and duplicate) to the Local Registrar in whose jurisdiction the marriage was solemnised. The report may be sent by registered post or delivered personally or through messenger. In case a marriage report is delivered personally or through messenger the Local Registrar shall give a receipt indicating the fact of his having received the report. The date on which the marriage report was received shall be indicated in the receipt as also in the Marriage report and attested by the initials of the Local Registrar:

[3][Provided that the Local Registrar may entertain an application whether presented in person or by messenger or sent by registered post after the expiry of the said period of 15 days but within 30 days from the dale of marriage if he is satisfied that there is sufficient ground for the delay. Where such application is filed after the period of 30 days, such application may be entertained with the [4][special permission of the District Registrar concerned.]

Rule - 7.

The Local Registrar shall after verifying the entries in the marriages report referred to in Rule 6 for accuracy and completeness enter the various particulars in a Register in Form II and attest his Signature in the space specified therefore. The entries relating to each marriage shall be given serial numbers consequtively beginning with first day of the January and ending with the last day of December.

Rule - 8.

The register referred to in Rule 7 shall be bound book the pages of which are machine numbered.

Rule - 9.

No correction of the entries in the Register shall be made without the occurrence of an "Inspecting Officer", changes in material particulars like name, age, date etc. shall be done invariably only after obtaining the sanction of the Registrar General.

Rule - 10.

(1)     The Local Registrar shall with in a week after the close of each month detach the duplicates of the Marriage Reports received and registered by him and forward the same to the Registrar General:

Provided that if it is directed by the Registrar General that the duplicate reports shall be forwarded through a specified authority the reports shall be forwarded through the authority so specified.

(2)     The originals of the marriage report received by the Local Registrar shall be filed by him as permanent record.

Rule - 11.

The Registrar General shall have all the duplicate marriage reports received from the Local Registrars scrutinised for accuracy and completeness and file them in his office as permanent record.

Rule - 12.

The Registrar General shall cause indexes of marriage reports received by him being prepared and maintained in his office. The index registers shall be in bound books the pages of which are machine numbered and may be kept open for inspection by any person who desires to do so during office hours.

Rule - 13.

Application for certified extracts of the Registrar shall fulfill) the following conditions:-

(i)       it shall be addressed to the Registrar General or Local Registrar.

(ii)      it shall contain the names of the parties to the marriage, the name and address of the applicant and the place and date of marriage,

(iii)     court fee stamps to the value of [5][three rupees] shall be affixed to it.

[6][Note:- Applicants who desire to get the extract of the Registrar in Stamp paper shall also produce the required stamp paper for the purpose, before the Registrar.]

Rule - 14.

The Local Registrar shall prepare and grant the extract under his signature and seal in Form No. III:

Provided that if the Registrar General directs that the extract shall be countersigned by any authority duly specified by him, before delivery to the applicant the Local Registrar shall comply with such direction.

Rule - 15.

(1)     The Registrar General may authorise any officer to be an "Inspecting Officer" for the purpose of the Rules, and assign the jurisdiction of such Inspecting Officer, subject to approval of Government.

(2)     Regular periodical inspection of the Registers and connected records kept by the local Registrars shall be done by the Inspecting Officer in accordance with the instructions of the Registrar General.

(3)     The Registrar General shall arrange for the printing and supply of forms and Registers required for use by Local Registrars.

Rule - 16.

(1)     Notwithstanding any of the provisions contained in these rules, the failure by a party to a marriage to comply with direction in Rule 6 shall, if the marriage had been solemnized in a compulsory registration area be punishable on conviction by a Magistrate with fine which may extend to twenty-five rupees.

(2)     Prosecutions of offences referred to in sub-rule (1) shall be instituted only with the sanction of the Registrar General.

(3)     The Rules passed by Government under any other enactment for the time being in force for the registration of marriages of any section of the Hindus shall for "compulsory registration areas" stand repealed.