Registration of decree of divorce or nullity of marriage

(1) General Provisions - One or both parties to a decree of divorce or nullity of marriage may get the decree registered in accordance with the provisions contained under this Rule. If a summary inquiry conducted in this regard concludes that the information presented and the statements made by the registrant(s) are in order, a certificate of acknowledgement of the decree shall be issued. (2) Classification of Decree of Divorce or Nullity of Marriage for the purpose of Registration - Based on the date of final decree of divorce or nullity of marriage and the location of the court which passed a decree of divorce or nullity of marriage, sections 8 and 9 of the Code classify the decrees in the following manner - (a) Decree of divorce or nullity of marriage passed before the commencement of the Code by any Court in the State or outside the State; (b) Decree of divorce or nullity of marriage passed after the commencement of the Code by any Court in the State or outside the State. (3) Information to be included in the Memorandum for Registration of Decree of Divorce or Nullity of Marriage - Irrespective of the decree belonging to any of the classes enumerated in sub rule(2) of rule 10, the registrant(s) shall be required to furnish the following information – (a) Marriage Registration/Acknowledgement number - The registration number pertaining to the registration of marriage/acknowledgement of registered marriage; provided that the registration number pertaining to registration of marriage/acknowledgement of registered marriage is not required if the decree of divorce is pronounced or marriage is nullified before the commencement of the Code; (b) Party/Parties applying for Registration of the Decree of Divorce or Nullity of Marriage - Wife & husband jointly, wife or husband alone; (c) Nature of the Decree - Decree of divorce or decree of nullity of marriage; (d) Information relating to the Final Decree - The Court awarding the decree located in or outside the State of Uttarakhand, name and address of the Court, CNR number, if available or the case number and year; (e) Details of Original case - Original case number, and CNR number, if available, of the petition filed in the Family Court or in any other Court exercising the jurisdiction of the Family Court; (f) Date of Decree - The date on which the decree of divorce or nullity of marriage was passed; (g) Reference number of the Appeal or Petition filed in the High Court - Case number, CNR number & diary number, if an appeal or petition was filed in the High Court; (h) Reference number of the Appeal or Petition filed in the Supreme Court - Case number & diary number, if an appeal or petition was filed in the Supreme Court; (i) Date on which the Decree became Final - The date on which the decree became final, i.e., the date on which the permissible period for filling an appeal expired or the date of the final order against which there is no right to appeal; (j) Self-Declaration - A self-declaration in Annexure - 17, affirming that the decree has become final because either it is not appealable or the time-period allowed for filing an appeal against the decree has expired; (k) Jurisdictional Sub-Registrar- Sub-Registrar having jurisdiction over the place of marriage/present address(es) of the spouse(s)/permanent address(es) of the spouse(s) or the Sub-Registrar who had issued the marriage registration certificate; (l) Details of Children, if any - Name; Gender; Date of birth of the children belonging to one or both registrant(s) prior to the marriage or of the couple between the date of marriage and the date of divorce; and (m) Supporting Documents - For supporting the information to be furnished under Clauses (a) to (l) above, copies of the following documents need to be provided/uploaded – (i) Proof of Decree of Divorce or Nullity of Marriage - Duly attested copy of the order and decree of divorce/nullity of marriage; (ii) Proof of Finality of Decree of Divorce or Nullity of Marriage - If an appeal has been filed against the decree/order, the final order passed by the appellate Court or by the final Court of appeal, as the case may be; (iii) Proof of Dissolution of Marriage under Customary Laws - If a marriage was dissolved before the date of commencement of the Code, under customary laws, the proof of such dissolution of marriage; and (iv) Proof of Children - Birth/Adoption certificates of children. (4) Process for submitting a memorandum for registration of decree of divorce or nullity of marriage- The party/parties to a decree intending to register their decree of divorce or nullity of marriage may do so either by following the online process or through the offline process. (5) Procedure for Online Submission of a Memorandum for Registration of Decree of Divorce or Nullity of Marriage - Registrant(s) may submit the memorandum for registration of decree of divorce or nullity of marriage either by themselves or with the help of any agency/agencies as determined by the State Government through notification from time to time for which the agency/agencies may charge a service fee, as determined by the State Government. In both cases the following procedure shall be followed - (a) Visit and follow the step-by-step procedure prescribed in the official Web-portal of the Code i.e., www.ucc.uk.gov.in or download the Mobile App and follow the step-by-step procedure prescribed therein; (b) The first step for online registration of decree of divorce or nullity of marriage shall be one-time signing-up for which one of the parties to the decree shall be required to enter her/his Aadhaar number. An OTP will be received on the mobile number linked with the Aadhaar number, which will then need to be entered so as to complete the process of verification. For all future processes, the Aadhaar number will be the identification number for the declarant; (c) For submitting a memorandum, one of the parties to the decree shall be required to login through the Aadhaar number which will be verified each time following the process mentioned in the clause (b) above; (d) The Web-portal/Mobile App shall be so designed that after logging in, the registrants are guided to either enter requisite information or select one of the options from a menu of choices in a step-by-step manner. Before logging-in, the registrants are advised to keep the information required under rub rule (2) and (3) of rule 10 above readily available so that the submission of memorandum takes place smoothly. (6) Procedure for Offline Submission of a Memorandum for Registration of Decree of Divorce or Nullity of Marriage - For offline registration of a decree of divorce or nullity of marriage, the registrant(s) shall be required to physically submit the memorandum in the format prescribed in Form - 2 along with the supporting documents to the Sub-Registrar who has jurisdiction State Government. In both cases the following procedure shall be followed - (a) Visit and follow the step-by-step procedure prescribed in the official Web-portal of the Code i.e., www.ucc.uk.gov.in or download the Mobile App and follow the step-by-step procedure prescribed therein; (b) The first step for online registration of decree of divorce or nullity of marriage shall be one-time signing-up for which one of the parties to the decree shall be required to enter her/his Aadhaar number. An OTP will be received on the mobile number linked with the Aadhaar number, which will then need to be entered so as to complete the process of verification. For all future processes, the Aadhaar number will be the identification number for the declarant; (c) For submitting a memorandum, one of the parties to the decree shall be required to login through the Aadhaar number which will be verified each time following the process mentioned in the clause (b) above; (d) The Web-portal/Mobile App shall be so designed that after logging in, the registrants are guided to either enter requisite information or select one of the options from a menu of choices in a step-by-step manner. Before logging-in, the registrants are advised to keep the information required under rub rule (2) and (3) of rule 10 above readily available so that the submission of memorandum takes place smoothly. (6) Procedure for Offline Submission of a Memorandum for Registration of Decree of Divorce or Nullity of Marriage - For offline registration of a decree of divorce or nullity of marriage, the registrant(s) shall be required to physically submit the memorandum in the format prescribed in Form - 2 along with the supporting documents to the Sub-Registrar who has jurisdiction over the Place of Marriage or Present Address(es) of the Spouse(s) or Permanent Address(es) of the Spouse(s) or where the marriage was registered under the Code. The registrant(s) may find out the jurisdictional Sub-Registrar by visiting the official Web-portal of the Code i.e., www.ucc.uk.gov.in or through the Mobile App. (7) Fees for registration of decree of divorce or nullity of marriage- (a) A fee, as determined by the State Government through notification from time to time, shall be chargeable if the memorandum for registration of decree of divorce or nullity of marriage is submitted within the time-limit prescribed under clause (a) of rule 8(2). The fee may be paid either in cash for offline registration or through digital modes for online registration or any other mode decided by the State Government, if required. Offline registrants shall fill in a challan in Annexure - 6 and deposit the fee in any commercial bank and obtain a receipt of the challan. Digital payments may be made through net banking, or through credit or debit card, or through UPI options; (b) In case a memorandum is submitted beyond the time limit prescribed under clause (a) of rule 8(2), a late fee, in addition to the fees prescribed and as determined by the State Government through notification from time to time, shall be chargeable.