Register Marriage Chennai

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1 year 10 months ago - 2 months 4 days ago #1057 by
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Register marriage rules and regulations in Tamilnadu :

One of friend living in 167, Waterford Appartments, 72/1, East Coast Road, Vasudeva Nagar Extension, Thiruvanmiyur, Chennai, Tamil Nadu 600041. He is a Hindu native of Coimbatore and the bride is also a Hindu and Canada citizen. They performed their marriage in Pachaiamman Nagar, Thirumullaivoyal, Neelankarai, Tamil Nadu 600062 and they want to register the marriage in Neelankarai.

She is coming to tamilnadu and she will be available in Chennai for a week. So they want to complete the marriage registration process within a week and he need marriage certificate for following purposes
1. Transfer property
2. Apply Indian visa for wife.
3. Apply Canadan PR for wife
4.Include spouse name in both passport

We approached nearby sub registrar office in his locality and they said that Foreigner Marriage was previously registered under Hindu Act and after circular from the IG registration Foreigner Marriage has to be registered only under special marriage Act. Further they told that they must available minimum 30 days to complete the registration and there is no possibility to compete the process within a week.
Also he told that may be the foreign marriage may be possible in North Joint 1 sub registrar office and he advised to approach sub registrar office near beach railway station . We went to sub registrar office located opposite to beach railway station. But there is no sub registrar office functioning there.We met one mediator outside the premises and they told that the North Joint 1 sub registrar office shifted long back and also they stopped marriage registration also long back. He said that even if both are Indians they will ask parents .
He told that both are Hindu and same can be register under Hindu Marriage Act .Also he advised to visit once again to Neelankarai SRO with following documents .

1. Both Age proof
2. Both Address proof
3. Passport size photos 2
4. Invitation 2
5. hall receipt
6. single status certificate issued by Canadan Government
7. Both parents ID proof
8. Divorce order if anyone is divorcee

But the problem is she is native of Canada and she cannot produce those documents for Canada national.

Accordingly we visited Neelankarai SRO with necessary documents and we are not able to get any proper information about the foreigner marriage registration. Finally they advised to give the document to clarify some doubts about foreign marriage registration. Still there is no any proper reply from sub registrar office.
We are very much confused about marriage registration process in Tamilnadu. I read one article about marriage registration rule in Tamilnadu :
Find the article :

The older circular had caused an uproar and made it all the more difficult for inter-caste couples to register their marriage.
A day after TNM spoke to the Inspector General of Registration regarding a controversial circular issued by the government which seemingly asked for parental consent for marriage registration, a new circular has been issued to the Registration Department in the state with changes provided on three out of four points contained in the original circular.
Firstly, the circular says an Aadhaar card is no longer compulsory for the couple to register their marriage. According to the old circular, an Aadhaar card is acceptable as identification for the couple, their parents as well as the witnesses. The circular added that Aadhaar, however, cannot be used as citizenship proof or address proof.
The revised circular states that while Aadhar can be accepted as a proof of identity for marriage registration, it is not mandatory for the couples to submit their cards.
Secondly, the circular says the names and initials of the couple and witnesses must be thoroughly verified. The older circular said the names and initials provided by the couples and their parents should match the ones in the proofs submitted. The word ‘parents’ stands removed in the new circular.
Regarding the third point, the circular says if parents of the couple are deceased, it is enough if 'Late' is mentioned before their name. Death certificates of the deceased parent(s) are not required. Earlier, the original death certificate of the concerned parent was needed for verification.
There is no change in the status for widowers from the previous circular. If the bride or groom happens to be widowed, they should submit the original death certificate of the deceased spouse, which has to be verified and a copy has to be retained by the registrar.
TNM had earlier pointed out that while the circular nowhere explicitly asks for the physical presence of parents, three out of four points imply communication with parents.
According to the Hindu Marriage Act, only the couple and three witnesses are required for the registration of the marriage.
For thousands of inter-caste couples across the state who have had to leave their parental homes for a shared future, the older circular made it all the more difficult to legally register their marriage.
Speaking to TNM, the Inspector General J Kumaragurubaran admitted that this was a problem and that it would be looked into. Reassuring couples in the state, he had said, “This is not binding. The Act is supreme. The circular is internal and for executive purposes. If this is causing hardships, we will definitely look into changing it.”
All officials are required to follow the instructions and they're required to acknowledge that they've received this circular to all the concerned authorities.

In another article it was mentioned that :
Over the last few days, one of the hottest topics of discussion had been the contents of an internal circular sent out from the office of Inspector General of Registration, Tamil Nadu, to all the registrar offices in the state. The circular, issued in September last year, had reportedly listed out certain ‘must dos’ that the officials should keep in mind while registering marriages according to the Hindu Marriages Act, and it includes verifying Aadhar card (which can be considered as an additional identity proof for couples and witnesses), ensuring that names of parents and address tally with what’s filled in the application form, and procuring a copy and checking the original death certificate if any of the parents of the couple (and that of the spouse of the to-be bride/groom if they are already married) is deceased. While it’s not written in black and white that the parents of the bride and groom should be physically present at the registrar office, many said that the implication seemed quite clear — parental consent is required to register marriages.
We got in touch with the Inspector General of Registration (IGR), Kumaragurubaran J, to get clarity on the clause, and he says, “Firstly, the circular was meant to be considered while making corrections in the marriage certificate registered under the Hindu Marriage Act. It was sent out in September and now, after seven months, it has triggered reaction from various sections of the society probably because of error in understanding its content. So, we’ve made some changes in it and sent out a new circular.”

So, what was the circular all about? He explains, “I used to get a lot of files, asking for corrections to be made in spellings, date of birth and other details. When I raised a query, asking why the corrections were coming to me when the marriage was registered on field by the officials, I was told that according to Hindu marriage rules, only the IGR has the power to make corrections in the certificate. For example, a name, say Chitra, can be written as Chitra or as Chithra. So, in a hurry, either the applicant might spell the name incorrectly or the officer might make a mistake while typing it out. The concerned person would have left the premises without checking the certificates for any error. But when they apply for passport or produce the marriage certificate as a verification document, these mistakes can prove costly. That’s when they come to IGR for corrections. Their marriage might have been registered in Kanyakumari, but for making the corrections, they have to come all the way to the office here. But, I can’t do it on face, and it’s a long process. I have to send the files back to the office where the marriage was registered, asking them to verify documents, compare with the application form and then raise a proposal. It’s a lengthy process and takes almost three months before the corrections can be carried out. So, the person might miss out on his chance. I wanted to speed up the process and sent out a circular with a few key points. According to that, I’d said that Aadhar can also be taken on record as proof.”

Kumaragurubaran adds, “The second point mentioned that details of the couple, witnesses and parents need to be verified. I can’t randomly correct the name of someone’s father without any proof. So, I’d told officers to check the documents at their level before entering it in records. It was never mentioned that parents have to be physically present. But some officials might have cited the circular and told the couples to bring them to office for verification, and that must have given rise to discontent. While we are trying to find out where the fault happened, we’ve revised the circular and made amendments.”
He continues, “If there’s parental consent for wedding, couples will have no problem accessing documents. But if there’s an issue there, then it will be difficult to bring the documents. So now, for verification, Aadhar is not mandatory and can be an additional document. The Act is supreme, and the circular is internal; it has no guiding power. So now, documentary proof of the couple and the witnesses is a must. So is the death certificate of the spouse in case one of them was already married, because it can give raise to legal complication. We sent this circular out to assist the public; it was meant only for correction in certificate, but officials might have applied it to fresh cases as well.”


The IGR has also submitted a proposal to the government to empower ROs to make amendments in the certificate. “If he can register marriage, why can’t he make the corrections as well? We are hopeful that the assembly will pass it,” he says.

When we spoke to a few people at various registration offices, they had said that some officers insisted that their parents be present while filing application for marriage registration. Tell him this, and he says, “The Act doesn’t permit this. If some officials are insisting on parental consent, then couples can raise the issue with us.”
We got in touch with advocate Susanna Prabhu to know the legal aspect of it, and this is what she had to say — There are two types of registrations. In the first instance, you are already married at a mandapam in the presence of your parents, and go to the registrar’s office to get that marriage registered. This is called registering of a marriage under the Hindu Marriage Act. The Special Marriage Act involves two people from two different communities. If they are adults, the law states that no parental information is necessary. The registrar should get the proof of residence from the boy and the girl, and put up a notification in the registrar’s offices of both of them for a period of 30 days. The marriage can take place only on the 31st day. At that time, the law does not require the couple to bring in the consent of the parents. I got married that way; nobody asked for my parental consent. Now, in marriages that happen in the mandapam, parents are also mostly witnesses. In such cases, the law insists on getting a receipt from the mandapam, and photographs and wedding invitations are considered as proofs. If individual registrars are asking for parental consent for any purpose, then that’s an individual’s discretion. The three witnesses that you need to produce need not be blood relations and I don’t think a registrar will challenge it.

This article says that parents physical presence not compulsory for marriage registration . Then why all sub registrars asking parents presence and ID ?

parents presence compulsory as per register marriage rules and regulations of Tamilnadu ?
parents ID proof compulsory as per register marriage rules and regulations of Tamilnadu ?
parents Death certificate compulsory as per register marriage rules and regulations of Tamilnadu ?
Hall receipt compulsory as per register marriage rules and regulations of Tamilnadu ?
Is there any possibility to do Hindu registration without those documents as per register marriage rules and regulations of Tamilnadu ?
If it is possible as per register marriage rules and regulations of Tamilnadu ,please answer the following queries .

What is the procedure for register Hindu with foreigner in Neelankarai Sub registrar office as per register marriage rules and regulations of Tamilnadu ?
What is the exact documents required for foreigner marriage registration under Hindu marriage Act in Neelankarai Sub registrar office Chennai as per register marriage rules and regulations of Tamilnadu ?
How long will take to complete the Hindu Act 2009 registration in Neelankarai Sub registrar office Chennai as per register marriage rules and regulations of Tamilnadu ?
After getting marriage certificate, what is the formalities to get Indian citizenship for wife?
which provision and register marriage rules and regulations of Tamilnadu those documents necessary for Hindu Act 2009 in Tamilnadu ?
What is the time limit for Hindu Act registration in Tamilnadu ?
What is the fees for Hindu marriage registration Neelankarai Sub registrar office , Chennai Chennai as per register marriage rules and regulations of Tamilnadu ?
Whether the Neelankarai Sub registrar office , Chennai has the power to refuse the Hindu marriage registration ?
If yes under which provision they can refuse the Hindu marriage registration ?
If the Neelankarai Sub registrar office , Chennai refuse to register , who is the authority to file an appeal ?
Hindu marriage certificate can be verified online ?
Hindu marriage registration certificate will carry bride and groom photos or not ?
What is the conditions has to be followed to register the Hindu marriage in Neelankarai SRO.
Last edit: 2 months 4 days ago by superuser.

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2 months 4 days ago #1157 by superuser
Replied by superuser on topic Register Marriage Chennai
parents presence compulsory as per register marriage rules and regulations of Tamilnadu ?

Parents presence not at all required to get married legally in India.


Because of practical difficulties and culture the registrar will ask for parents presence.

If the registrar believe that the marriage is genuine , they will register the marriage .

So we have to explain the valid reason for parents absence.

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2 months 4 days ago #1158 by superuser
Replied by superuser on topic Register Marriage Chennai
parents ID proof compulsory as per register marriage rules and regulations of Tamilnadu ?


If the parents is coming for witness, their id is required. if they are not an witness in registration, their id is not required for marriage registration in Chennai.

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2 months 4 days ago #1159 by superuser
Replied by superuser on topic Register Marriage Chennai
Hall receipt compulsory as per register marriage rules and regulations of Tamilnadu ?

As per government portal , following documents will be mentioned as proof of marriage

1. Invitation (or)

2. Temple receipt (or)

3. Any other proof of solemnization.


As per the above norms the Invitation is more than enough to register the marriage in Tamilnadu.

But in practical the marriage registrars will insist for Hall/ temple receipt.

Other than Chennai they ask additionally

first marriage certificate from VAO also

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2 months 4 days ago #1160 by superuser
Replied by superuser on topic Register Marriage Chennai
What is the procedure for register Hindu with foreigner in Neelankarai Sub registrar office as per register marriage rules and regulations of Tamilnadu ?

If both are Hindu , They can register their marriage under Hindu marriage Act in one day process.

You have to fill online application and should get prior online appointment (token)

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2 months 4 days ago #1161 by superuser
Replied by superuser on topic Register Marriage Chennai
What is the exact documents required for foreigner marriage registration under Hindu marriage Act in Neelankarai Sub registrar office Chennai as per register marriage rules and regulations of Tamilnadu ?



Documents required for Marriage Registration
i) Registration of Hindu Marriages Solemnized and granting of extract of marriages registered.

· Marriages solemnized under Hindu customs/ non-customary

· Bridegroom/Bride should have completed 21/18 years respectively

· Both of them should be Hindus, Buddhist or Sikhs

· Proof of marriage

· Anyone of the following place should fall within the jurisdiction of the Registering officer:

o Residence of bride.

o Residence of bridegroom.

o Solemnization place.

Proof for all these shall be given

1 . MARRIAGE PROOF

Wedding Invitation (or)

Temple Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE PROOF

Employee ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa

In addition to the above memorandum in duplicate with 4 passport size photograph for bride and 4 passport size photograph for bridegroom should be submitted.

Fee


i ) For the registeration of a Marriage which will be exclusive of any other fees levied by devasthanam for marriages in temples
Rs.100.00
ii) For a certified copy of an entry in Hindu Marriage Register : Rs. 10.00
iii) For making a search
a) if the entry is of the current Rs. 10.00
b) if the entry relates to any previous year or years
(for each such year) Rs. 10.00
iv) For Registering a marriage at any place outside the office of the Marriage Registrar to be appropriated by the Marriage Registrar in addition to the fee in entry (i) above

Rs. 50.00
v) Application fees for registering a marriage at any place outside the office of the marriage Registrar
Rs.200.00
Provided that no search fee shall be levied for grant of a certified copy of an entry in the Hindu Marriage Register on application at the time of registration of Marriage.
Provided further that an application fee of Rupees live in the shape of court fee labels affixed to the application shall be levied for each of application presented for grant of such certified copy.



ii) Registration of Marriage under Tamilnadu Registration of marriage act.

· Marriages solemnized under any personal law can be registered.

· Bridegroom/Bride should have completed 21/18 years respectively

· It can be registered within 90 days without fine and within 90-150 days with fine.After that it can't be registered.

· Proof of marriage

· The following place should fall within the jurisdiction of the Registering officer:

o Solemnization place.

Proof for all these shall be given

1 . MARRIAGE

Wedding Invitation (or)

Temple/Church Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE

Voter ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa

4. Witnesses

Id card for minimum two witness to be produced

In addition to the above memorandum in duplicate with 4 passport size photograph for bride and 4 passport size photograph for bridegroom should be submitted.


iii) Registration of Special Marriages and granting of certificates.

Marriages solemnized before the Registering officer or in any other form.
Bridegroom/Bride should have completed 21/18 years respectively.
Anyone of the following place should fall within the jurisdiction of the Registering officer:
· Residence of bride.

· Residence of bridegroom.

Proof for all these shall be given.
Notice of intended marriages.
If no objection for the marriage is received within 30 days from the notice, marriage will be registered.
iv) Granting of extracts of marriages registered under Indian Christian Marriages Act.

Extracts of Indian Christian Marriages Registered under the Indian Christian Act, by the licensee under the act or by Priests are received and the extracts are given in the O/o the Inspector General of Registration,100,Santhome High Road,Chennai 28.

DOWRY PROHIBITION

Under the Dowry Prohibition Act, demanding or accepting dowry, directly or indirectly is an offence punishable.
Fine of Rs.5000/- or imprisonment upto 6 months or both.
District Registrars are also authorised to sanction prosecution.
Registrants may lodge complaints with the District Registrar.

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