KERALA HINDU MARRIAGE REGISTRATION RULES, 1957

THE KERALA HINDU MARRIAGE REGISTRATION RULES, 1957'

        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:-

RULES

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

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

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 Marriages 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.

(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 solemnised 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. ,م= (k) "Form" means a form appended to these Rules.

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.

4A. Government may appoint by Notification in the Gazette any person by name or by virtue of the office held by him to be a District Registrar for every revenue district.

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

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 jurisdiction the marriage was solemnised. Where the husband is a Non-Resident Indian, a photocopy of his valid passport and the address and security number of his foreign home shall also be specified in the report.) 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:

Provided that the Local Registrar may entertain an application whether presented in person or messenger or sent by registered post after the expiry of the said period of 15 days but within 30 days from the date 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 Special Permission of the District Registrar concerned.

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 therefor. “Where the husband is a Non-Resident Indian, the address and security number of his foreign home and the passport number shall also be entered and a photocopy of his valid passport shall be pasted in the Register before issuing the Certificate of Marriage.) The entries relating to each marriage shall be given serial numbers consecutively beginning with the first day of January and ending with the last day of December.

8. The Register referred to in Rule 7 shall be a bound book-the pages of which are machine numbered.

9. No correction of the entries in the register shall be made without the concurrence 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.

10. (1) The local Registrar shall within 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.

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.

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.

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13. Application for certified extracts of the Register shall fulfil 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 the marriage.

(iii) court fee stamps to the value of Three Rupees) shall be affixed to it.

(iv) a fee often rupees shall be remitted for each certified extract of the Register.)

"|Note:- Applicants who desire to get the extract of the Register in stamp paper shall also produce the required stamp paper for the purpose, before the Registrar.)

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.

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 Officers 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.

16. (1) Notwithstanding any of the provisions contained in these rules, the failure by a party to a marriage to comply with the direction in Rule 6 shall, if the marriage had been solemnised 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.

FORM No-I
Received on ...................................................................................................................

Initials of Local Registrars ..........................................................................................

Place of Marriage ...................................... Taluk ......................................... Town ........................................... Village ..............................

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

Particulars Husband               Wife
Name A.B                 C.D
Age
Birthplace (if available)
Civil Condition (at the time of marriage)
Occupation
Residence
If the husband is a Non-Resident Indian
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(i) Address of his foreign home :

(ii) Security number of his foreign home :

(iii) Passport number :)

Name of father or guardian

We hereby declare that the particulars specified above are correct to the best of our knowledge.

Signature of Husband.........................
Signature of Wife .........................

(If the wife is a minor, signature of legal guardian at the time of marriage)

Two witnesses

1. Name

Address

Signature

2. Name

Address

Signature

Signature ofLocal Registrar.


FORM No. II
(See Rule 7)

Place of marriage Date of Marrage

Taluk.............

Town.............

Village..........


ParticularS
Husband
Wife Name
A.B.
C.D.

Age

Birth place (if available)

Civil Condition (at the time of marriage)
Unmarried/Widower/Divorced
Unmarried/Widow/ Divorced


Occupation

Residence If the husband is a Non-Resident Indian

(i) Address of his foreign home :

(ii) Security number of his foreign home :

(iii) Passport number :)

Name of father or guardian

We hereby declare that the particulars specified above are correct to the best of Our knowledge.

Signature of Husband.........................
Signature of Wife .........................

(If the wife is a minor, signature of legal guardian at the time of marriage)

Two witnesses

1. Name

Address

Signature

2. Name

Address

Signature

Signature ofLocal Registrar.
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FORM No. III
(See Rule 14)
Certificate of Marriage

Place of marriage }

Taluk...................................... Date of marriage........................................

Town......................................

Village....................................


Particulars Husband Wife
Name A.B C.D
Age എഴുത്ത് കളത്തിലെ എഴുത്ത് കളത്തിലെ എഴുത്ത്
Birth Place
Civil Condition
Occupationഎഴുത്ത്
Residence
10[if the husband is a Non - Resident Indian,—
(i) Address of his foreign home :
(ii) Security number of his foreign home :
(iii) Passport number :
Name of father or guardian

Witnesses

1. Name

Address

2. Name

Address

Registered as No.........................
Date.................................................
Date of extract ....................................................

Number ...................................................................

                                                                                                                                                                                (Sd)
                                                                                                                                                                     Local Registrar.


NOTIFICATIONS G.O. MS. No. 247/75/LA&SWD. dated: 29-9-1975

S.R.O. No.-- In supersession of the Notification No.47326/59/Home (E) Department, dated the 5th November 1960 published in Kerala Gazette Part I, dated 15th November, 1960 the Government of Kerala hereby appoint the Director of Panchayats and Chief Registrar, Births and Deaths, Trivandrum, as the Registrar General of Marriages, for purposes of Section 48 of Special Marriage Act, 1954 (Central Act 43 of 1954).

Explanatory Note

(This note is not a part of this notification but is intended to indicate its general purport)

By Notification No. 47326/59/Home (E) Department, dated 5th November, 1960 Government have appointed the Director of Health Services, as the Registrars General of Births, Deaths and Marriages for the purpose of Section 48 of the Special Marriage Act, 1954 (Central Act 43 of 1954) out of which the work of Registration of Births and Deaths have been further entrusted to the Director of Panchayats, as per Notification I, issued in G.O. MS. 73/70/DD, dated 31st March, 1970 of the Development (Panchayat Special) Department, by appointing Director of Panchayats as the Chief Registrar.

10. Inserted by S.R.O. No.640/2015, dt. 26-9-2015.

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        For the sake of administrative convenience, and to bring these three items of work which are inter-connected under the same agency, the Government now propose to appoint the Director of Panchayats who is the Chief Registrar of Births and Deaths, as the Registrar General of Births, Deaths and Marriages, also, for purposes of Section 48 of the Special Marriages Act, 1954 (Central Act 43 of 1954) and to administer the three enactments now controlling the Registration of marriages viz. (1) The Hindu Marriages Act, 1955 (Act 25 of 1955), (2) The Special Marriage Act (Act 43 of 1954), and the Christian Marriage Act (Act XV of 1872). This notification is intended to achieve the above object.

        Circular No.B 1-14092/76    dated 3-3-1976.

        Sub:- The Kerala Hindu Marriage Registration Rules, 1957 - Keeping of report forms - Instructions issued.

        As per G.O. MS. 246/75/LA & SWD. dated 29th September, 1975 and G.O. MS. 247/75/LA & SWD dated 29th September, 1975 published in Gazette Extraordinary, dated 29th September 1975, Government have appointed the Director of Panchayats as the Registrar General of Marriages to administer the three enactments (viz., The Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Christian Marriage Act) now controlling the Registration of Marriages.

        The time limit of 15 days fixed under Rule 6 of the Kerala Hindu Marriage Registration Rules, 1957 applies both to compulsory and non-compulsory area. As far as this State is concerned no area is declared as compulsory registration area under the said Rules. As long as the registration is not Compulsory in non-Compulsory area, fixing of a time limit is not in any Way useful for any practical purposes. As the registration is intended for the purpose of facilitating the proof of marriages and of statistics, the application received beyond time limit can also be accepted. But the marriages solemnised before 20th May, 1959, i.e., before the Kerala Marriage Registration Rules came into force need not be registered.

          It has been noticed that certain Registrars are not maintaining the Marriage registers as laid down in the Kerala Hindu Marriage Registration Rules. This is dereliction of duty and will have to be viewed seriously. All Concerned are requested to maintain the Marriage registers properly as laid down in the said rules.

        Recently an instance has come to the notice of the Director of Panchayats/ Registrar General of Marriages that the summons from a Court, directing a Registrar of Marriages to produce a particular report of a marriage before the court, could not be complied as the report was found missing. Ultimately the case before the Court was dismissed for want of evidence regarding marriage. Form No.1 regarding the original report about the marriage is an important record and Rule 10(2) of the Kerala Hindu Marriage Registration Rules, 1957 insists that reports have to be filed as a permanent record. In spite of the seriousness given to the records, some of the Executive Offices/ Registrars not taking steps to keep these records properly which results in great hardship to the public. All Registrars are therefore directed, that the reports on marriages for each year must be kept separately and safely with dockets thereon. All these reports along with the Register for the year must be kept in a steel almirah. An index of these registers must also be kept by the Registrars. The Panchayats Inspectors and the District Panchayat Officers will see that these instructions are strictly complied with by the Executive Officers/Registrars of Panchayats.

        Letter No. 10362/75/DHS., dated 13th September, 1975 of the Director of Health Services.

        Sub:- Kerala Hindu Marriage Registration Rules, 1975- Duplicates of the marriage reports Forwarding of- Regarding.

As per the Hindu Marriage Act, 1955 and the rules framed here under the Executive Officers of Panchayats and the Municipal Commissioners are the Local Marriage Registrars in the areas concerned. The Marriage Registrars were already made known to forward duplicate marriage reporting forms to this office, at the end of each month. Only a very few marriage registrars are forwarding it to this office promptly. This causes difficulties in understanding how far the facilities for the registration of marriages are utilised properly. The preparation of the reports incorporating complete and accurate date on registration of marriages also becomes difficult.

l, therefore, request you to give directions to them to forward the duplicate copies of marriage reporting forms to this office, promptly. The reporting forms if not sent, may also be requested to be forwarded to this office at the earliest.

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