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TOPIC: Marriage Registration in Chennai

Marriage Registration in Chennai 11 months 2 weeks ago #922

  • anamika
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One of my friend is an Hindu and she got married in the year 1996 at Hydarabad. Now she is living in Chennai and she want marriage certificate for apply visa.
She living in Sholinganallur, OMR . She visited the Sub registrar office neelankarai for Hindu marriage registration.

But the sub registrar is refused to do Hindu marriage registration and he direct to register the marriage in Hydrabad where the marriage took place.
He said that at the time of marriage both Husband and wife not lived in Chennai so that they have have to do registration in place of marriage.

So please clarify that both are living in Chennai more than 15 years and all their proofs in Chennai only. Also they cannot travel to Hydrabad only for the purpose of marriage registration.

Can you give any advise in this regard?
Last Edit: 1 month 16 hours ago by marriage attorney.
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Hindu marriage certificate in Chennai 11 months 2 weeks ago #923

Actually jurisdiction for Hindu Marriage Registration is

1. Place of residence of Groom
2. Place of residence of bride
3. Place of Marriage

The Hindu marriage couples can do the Hindu marriage registration in any one of above said jurisdiction.

since your friend living in Chennai and they have all the proofs in Chennai. There is no necessity to live in Chennai at the time of Marriage. If they have address proof in Chennai they can do Hindu marriage registration in Chennai. No need to visit Hydrabad for the purpose of Hindu marriage registration.
If the sub registrar is refuse to do registration , you can approach the competent court to get suitable order.
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Hindu marriage certificate in Chennai 11 months 2 weeks ago #925

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The sub registrar asking any one of address proof issued prior to marriage date.
The marriage year is 1996. we don't know how it is possible practically. Because they have all recent proofs .

Let me know is it true . For hindu marriage registration it is mandatory to produce old address proof.
Last Edit: 11 months 4 days ago by anamika.
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Hindu marriage certificate in Chennai 11 months 1 week ago #926

Normally all sub registrars will consider the residential jurisdiction only at the time of marriage. But Hindu marriage act does not required particularly old address proof.
Tamilnadu Government official website also also does required only address proof . So if both have address proof in Chennai address they can complete the registration in Chennai itself. No need to go to Hydradad merely for registration.
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Hindu marriage registration in Chennai 11 months 4 days ago #928

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i read Hindu marriage Act 1955 it is clearly indicate that place of residence of bride and groom and place of marriage will be considered as jurisdiction for Hindu marriage registration. But we don't know why the marriage registrars are not ready to do marriage registration in Chennai. If they refuse what is the remedy available for complete the registration without approaching court.
Last Edit: 11 months 4 days ago by anamika.
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Marriage Registration in Chennai 1 month 16 hours ago #948

The Supreme Court of India, in 2006, made it mandatory to register all marriages In all states in India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Or under Tamilnadu marriafe Act 2009. The Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnised marriage, and does not provide for solemnisation of a marriage by a Marriage Registrar. However, the Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer. To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females. Under Tamilnadu marriage Act Any marriage solemnized in Tamilnadu can register any time after marriage in one day process

Registration under Hindu Marriage Act, 1955 in Tamilnadu :
The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted into any of these religions. The first step in this process is to apply to the sub-registrar under whose jurisdiction the marriage has been solemnised, or either party to the marriage has been residing.

Both partners will need to fill in the Application Form, sign it and submit it along with two photographs of the marriage ceremonies, invitation card of marriage, age and address proof of both parties, affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu Marriage Act 1955, fit mental condition and proof of non-relationship between the parties within the degree of prohibition.

All the documents should be attested by a Gazetted Officer and the parties will have to deposit a fee with the cashier at the sub-registrar and attach the receipt with the Application Form. Once the application has been submitted and the documents verified, the concerned officer will assign a date of registration when the marriage certificate will be issued.

Under the Hindu marriage Act, 1955, certain conditions have to be fulfilled in order to consider the marriage between the parties legal and valid. These conditions have been specified under Sec. 5 and sec. 7 of the Act. By virtue of section 5 of the Hindu Marriage Act 1955, a marriage is considered valid only if both the parties to the marriage are Hindus. If either of the party to the marriage is a Muslim or a Christian, then the marriage will not be a valid Hindu marriage.

A marriage can be solemnized between any two Hindus if the following conditions are fulfilled, namely:
• If neither party has a spouse living at the time of the marriage,
• If neither party is incapable of giving a valid consent to it in the consequence of unsoundness of mind,
• Though capable of giving a valid consent, neither of them has been suffering from any mental disorder or to such an extent as to be unfit for marriage and the procreation of children,
• If neither of them has been subject to recurrent attacks of insanity or epilepsy.
• The bride has completed the age of 18 years and the bridegroom the age of 21 years at the time of marriage,
• The parties aren’t within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two,
• The parties are not a lineal ascendant of the other (sapindas), unless the custom or usage governing each of them permits of a marriage between the two.
Degree of prohibited relationship– Two individuals are said to be covered under the degrees of prohibited relationship –
• If one of them is the lineal ascendant of the other,
• If one was the husband or wife of lineal ascendant or descendant of the other,
• If one of them was wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other,
• If they are brother and sister, aunt and nephew, uncle and niece, or children of brother and sister or of two brothers or of two sisters.
A marriage falling within the above categories will be considered void.
Exception: The customs play an important role here i.e. If there is a custom governing the parties, they may marry even if they fall under the degrees of prohibited relationship.

Punishment: A marriage which is solemnized between the parties within the degrees of prohibited relationship is considered null and void.
The parties of such a marriage are liable to be punished with a simple imprisonment for a period of one month or fine or Rs. 10000/- or with both.
Solemnization in Hindu Marriage in Tamilnadu :
The Hindu Marriage Act, 1955 deals with ceremonies to be followed in a Hindu marriage, by the virtue of Sec. 7. The provision states that a Hindu marriage can be solemnized in accordance with customary rites and ceremonies of either of the parties.
A Hindu marriage can be solemnized in accordance with the customary rites and ceremonies of either party.
Where the rites and ceremonies include the saptpadi (the taking seven steps by the bride and the groom jointly around the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
These ceremonies may vary according to the customs and traditions followed by the parties.
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