Summary Inquiry by Sub-Registrar

...and the late fee prescribed under sub rule (11) of rule 9. A format of the order to be passed in this regard is provided in Annexure – 9; (ii) In case of a marriage solemnized/contracted after the commencement of the Code, the registrants are required to submit the memorandum for registration of marriage/ acknowledgement of registered marriage within a period of sixty days from the date of marriage. On coming to know through her/his own sources or through a complaint that a memorandum has not been submitted within the stipulated period of sixty days as prescribed under clause (a) of rule 8(1), the Sub-Registrar shall issue a notice, to the parties to the marriage asking them to submit, within thirty days of the issuance of the notice a memorandum along with a statement explaining the reasons for the failure on their part in submitting the memorandum within the time period prescribed above. A format of such a notice is provided in Annexure - 8. On receipt of a memorandum and explanation, the Sub-Registrar shall carefully go through the explanation and try to ascertain whether there was willful omission or negligence on the part of the registrants in submitting the memorandum within the prescribed time. If the Sub-Registrar comes to the conclusion that there was indeed willful omission or negligence on the part of the registrants, a penalty, as prescribed by the State Government through notification time to time, along with the prescribed fee as well as late fee prescribed under sub rule (11) of rule 9 shall be imposed on the registrants. A format of the order to be passed in this regard is provided in Annexure – 9; (iii) In case the registrants fail to submit the required memorandum within thirty days of the receipt of the notice issued under sub clause (i) or sub clause (ii) above, the Sub-Registrar may reject the application; (iv) If in the course of conducting a summary inquiry, it is revealed that a person has committed an offence under section 32 of the Code, the Sub- Registrar shall inform the Police regarding the same. (f) Determination of willful omission or negligence under Rule 7(1)- If the parties to a marriage fail to timely submit the requisite memorandum because - (i) one or both parties to the marriage was/were suffering from a mental or other illness of a kind in which it was not possible to verify her/his/their identity; or (ii) both parties to the marriage were hospitalized from a date prior to the expiry of the stipulated period for submitting a memorandum which was continuing on the date of issuance of the notice by the Sub-Registrar and the hospitalization was due to such a serious medical condition that none of the parties to the marriage was in a position to submit a memorandum. it will be presumed that there was no willful omission or negligence on the part of the parties to the decree of divorce or nullity of marriage in submitting the memorandum; or (iii) In determining the wilful omission or negligence under section 17 (1) of the Code, the Sub-Registrar may take into consideration any other reason supplied by the Registrants. (g) Acceptance/rejection of memorandum for registration of marriage (i) After the completion of summary inquiry and within 15 days from the receipt of the memorandum for registration/acknowledgement of marriage, the Sub- Registrar may either issue a registration certificate in the format prescribed in Annexure - 4 for marriages involving polygamy or Annexure - 10 otherwise, or pass an order rejecting the memorandum and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against such order with the Registrar concerned within a period of thirty days from the date of such rejection. A format of the rejection order is provided in Annexure - 11. For a memorandum submitted under Accelerated Service (Tatkal Sewa) the process mentioned above shall be completed within a period of three days from the receipt of the memorandum; (ii) Under sub clause (i) above a memorandum for registration of marriage solemnized/contracted after the commencement of the Code may be rejected by the Sub-Registrar on one or more of the following grounds - (a) Either party has a spouse living at the time of the marriage; (b) At the time of the marriage, either party- (i) Is incapable of giving valid consent in consequence of unsoundness of mind; (ii) Though capable of giving valid consent, has been suffering from a mental disorder of such a kind or to such an extent so as to be unfit for marriage; (iii) Has been subject to recurrent attacks of insanity. (c) The man has not completed the age of twenty-one years and/or the woman has not completed the age of eighteen years; (d) The parties are within the degrees of prohibited relationship, and no custom or usage governing the parties to the marriage permits marriage between them, and even if permitted, such a marriage is against public policy and morality; (e) The marriage is prohibited under any law in force; (f) No ceremony for marriage has been performed; (g) Either party is in a live-in relationship and has not terminated the said relationship; (h) A statement has been made in the memorandum which is false and which the registrant(s) know(s) or has reason(s) to believe to be false, or a forged or fabricated document has been submitted; (i) Additional information/clarification has not been submitted within the time limit of five days or twenty-four hours, as the case may be, prescribed under clause (b) of rule 8(1). (iii) Under sub clause (i) above a memorandum for registration of marriage solemnized/contracted before the commencement of the code may be rejected by the Sub-registrar on one or more of the following grounds- (a) No ceremony of marriage has been performed or a ceremony of marriage was performed but the registrants have not been living together as spouses ever since; (b) Either party has, at the time of registration more than one spouse living and, under the custom or usage of any of the parties, polygamy was not permitted at the time of the marriage; (c) The man has not completed the age of twenty-one years and/or the woman has not completed the age of eighteen years; (d) The parties are within the degrees of prohibited relationship, and no custom or usage governing the parties to the marriage permits marriage between them, and even if permitted, such a marriage is against public policy and morality; (e) Either party is in a live-in relationship and has not terminated the said relationship; (f) A statement has been made in the memorandum which is false and which registrant(s) know(s) or has reason(s) to believe to be false, or a forged or fabricated document has been submitted; (g) Additional information/clarification has not been submitted within the time limit of five days or twenty-four hours, as the case may be, prescribed under clause (b) of rule 8(1). (h) Acceptance/Rejection of memorandum for acknowledgment of registered marriage (i) After the completion of summary inquiry and within 15 days from the receipt of the memorandum, the Sub-Registrar may either issue an acknowledgement certificate in the format prescribed at Annexure - 5 for marriages involving polygyny or Annexure - 13 otherwise, or pass an order rejecting the memorandum and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against such order with the Registrar concerned within a period of thirty days from the date of rejection. A format of the rejection order is provided at Annexure - 11. For a memorandum submitted under Accelerated Service (Tatkal Sewa), the above-mentioned process shall be completed within a period of three days of the receipt of the memorandum; (ii) Under sub clause (i) above a memorandum for acknowledgement of registered marriage may be rejected by the Sub-Registrar on one or more of the following grounds - (a) The marriage is not registered under any statute of the Government of Bharat or of any State Government; (b) A statement has been made in the memorandum which is false and which registrant(s) know(s) or has reason(s) to believe to be false, or a forged or fabricated document has been submitted; (c) Additional information/clarification has not been submitted within the time limit of five days or twenty-four hours, as the case may be, prescribed under clause (b) of rule 8(1). (2) In case of registration of divorce and nullity of marriage (a) Summary Inquiry to be conducted on receipt of a memorandum for registration of decree of divorce or nullity of marriage and actions to be taken- Once a memorandum is received, the sub-registrar shall conduct a summary inquiry to check - (i) The veracity of information provided in compliance of sub rule (2), (3), (5), (6) and (7) of rule 10 and clause (a) to (c) of rule 6(2); (ii) The authenticity of the decree and its finality through the Web-portals of e Courts, the High Court concerned and the Supreme Court of India with the help of case number, CNR number, diary number provided by the registrant(s) or otherwise. If the memorandum has not been submitted jointly by both parties to the decree of divorce or nullity of marriage but by only one of the parties, the Sub-Registrar shall, if the other party is alive, speak with the other party telephonically or otherwise to verify that the decree has indeed become final; (iii) The authenticity of the document(s) submitted as the proof of divorce or nullity of marriage that was granted before the commencement of the Code under any customary law of the parties concerned; (iv) That stipulations made under clause (i) of sub-section (2) of section 13 and section 29 of the Code are not violated; and (v) Take necessary action in accordance with the provisions contained in clause (b) to (f) of rule 7(2) and rule 20. (b) Asking for Additional Information - If the Sub-Registrar needs additional information from the registrant(s), she/he shall (2) In case of registration of divorce and nullity of marriage (a) Summary Inquiry to be conducted on receipt of a memorandum for registration of decree of divorce or nullity of marriage and actions to be taken- Once a memorandum is received, the sub-registrar shall conduct a summary inquiry to check - (i) The veracity of information provided in compliance of sub rule (2), (3), (5), (6) and (7) of rule 10 and clause (a) to (c) of rule 6(2); (ii) The authenticity of the decree and its finality through the Web-portals of e Courts, the High Court concerned and the Supreme Court of India with the help of case number, CNR number, diary number provided by the registrant(s) or otherwise. If the memorandum has not been submitted jointly by both parties to the decree of divorce or nullity of marriage but by only one of the parties, the Sub-Registrar shall, if the other party is alive, speak with the other party telephonically or otherwise to verify that the decree has indeed become final; (iii) The authenticity of the document(s) submitted as the proof of divorce or nullity of marriage that was granted before the commencement of the Code under any customary law of the parties concerned; (iv) That stipulations made under clause (i) of sub-section (2) of section 13 and section 29 of the Code are not violated; and (v) Take necessary action in accordance with the provisions contained in clause (b) to (f) of rule 7(2) and rule 20. (b) Asking for Additional Information - If the Sub-Registrar needs additional information from the registrant(s), she/he shall ask for such additional information within five days from the receipt of the memorandum for registration of decree of divorce or nullity of marriage. (c) Late Fee for Submission of Memorandum beyond the Stipulated Time Period - If a memorandum for registration of decree of divorce or nullity of marriage is received offline beyond the stipulated time period, the Sub-Registrar shall calculate the late fee in accordance with the provisions contained in sub rule (7) of rule 10 and ask the registrants to pay the same. If a memorandum is submitted online beyond the stipulated time period, the late fee will be calculated automatically by the system and the registrants will be guided to deposit the same digitally through the Web-portal or through the Mobile App being used by the registrant(s)/agency/agencies. (d) Penalty/Fine and Punishment- Based on sections 17, 18 and clause (ii) of sub- section (1) of section 32 of the Code, the procedure to be adopted by the Sub- Registrar for imposing penalties/fines and for initiating action relating to the prescribed penalty/fine and punishments is as follows - (i) After the date of commencement of the Code, if a decree of divorce or nullity of marriage is passed by any Court in the State or outside the State where at least one of the parties to the marriage involved in the decree is a resident of Uttarakhand, such party/parties is/are required to submit the memorandum for registration of decree of divorce or nullity marriage within a period of sixty days from the date the decree becomes final, i.e., within sixty days from the date of passing of the decree in case there is no right to appeal, or if there is a right to appeal, within sixty days from the date the right to appeal expires without an appeal having been filed, or where an appeal has been filed, within sixty days from the date on which the appeal was dismissed and there is no further right to appeal. On coming to know through her/his own sources or through a complaint that a decree of divorce or nullity of marriage has become final and a memorandum has not been submitted within the stipulated period of sixty days prescribed under clause (a) of rule 8(2), the Sub-Registrar shall issue a notice to the party/parties to the decree asking her/him/them to submit, within thirty days from the date of receipt of the said notice, a memorandum along with a statement explaining the reasons for the failure in submitting the requisite memorandum. A format of such a notice is provided in Annexure - 8. On receipt of a memorandum and explanation, the Sub-Registrar shall carefully go through the statement explaining the reason(s) for the failure to submit the memorandum and try to ascertain whether there was wilful omission or negligence on the part of the party/parties. If the Sub- Registrar comes to the conclusion that there was indeed wilful omission or negligence on the part of the party/parties to the decree of divorce or nullity of marriage, penalty as determined by the State Government, through notification time to time shall be imposed on the party/parties, which will be payable in addition to the fee and the late fee prescribed under sub rule (7) of rule 10. A format of the order to be passed in this regard is provided in Annexure – 9; (ii) In case the party/parties fail to submit the required memorandum within thirty days from the receipt of the notice issued under sub clause (i) above, the Sub-Registrar shall inform the Police regarding the failure to submit the required memorandum on being asked to do so; (iii) If in the course of conducting a summary inquiry, it is revealed that after commencement of the Code, any person has dissolved a marriage in contravention of section 29 of the Code, the Sub-Registrar shall file a first information report regarding this act with the Police. A format of the first information report is provided in Annexure - 18. (e) Determination of wilful omission or negligence under Rule 7(2) - If the parties to a decree of divorce or nullity of marriage fail to submit the memorandum within the stipulated time limit because- (i) Both parties to the decree of divorce or nullity of marriage was/were suffering from a mental or other illness of a kind in which it was not possible for the party/parties to verify her/his/their identity; or (ii) Both parties to the decree of divorce or nullity of marriage were hospitalized from a date prior to the expiry of the stipulated period for submitting a memorandum which was continuing on the date of issuance of the notice by the Sub-Registrar and the hospitalization was due to such a serious medical condition that none was in a position to submit a memorandum; it will be presumed that there was no willful omission or negligence on the part of the parties to the decree of divorce or nullity of marriage in submitting the memorandum; or (iii) In determining the wilful omission or negligence under section 17 (1) of the Code, the Sub-Registrar may take into consideration any other reason supplied by the Registrants. (f) Acceptance/Rejection of memorandum for registration of decree of divorce or nullity of marriage- (i) After the completion of summary inquiry and within 15 days from the receipt of the memorandum, the Sub-Registrar may either issue an acknowledgement certificate in the format prescribed in Annexure – 19 for marriages dissolved through the judicial process or in the format prescribed in Annexure - 20 for marriages dissolved through customary laws before the commencement of the Code, or pass an order rejecting the memorandum and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against the order with the Registrar concerned within a period of thirty days from the date of rejection. A format of the rejection order is provided at Annexure – 12; (ii) Under sub clause (i) above a memorandum for registration of decree of divorce or nullity of marriage may be rejected by the Sub-Registrar on one or more of the following grounds - (a) Registration is being sought on the basis of divorce/nullity of marriage granted after commencement of the Code, under customary law of the parties concerned; (b) A decree of divorce or nullity of marriage has not been passed by any competent Court; (c) The decree of divorce or nullity of marriage passed by a competent Court has not become final as an appeal against the decree is pending before an appellate Court; (d) The decree of divorce or nullity of marriage passed by a competent Court has been reversed by an order of an appellate Court which has become final; (e) The time limit prescribed for filing an appeal against the decree of divorce or nullity of marriage passed by a competent Court, or against an order passed by an appellate Court has not yet expired; (f) A statement has been made in the memorandum which is false and which registrant(s) know(s) or has reason(s) to believe to be false, or a forged or fabricated document has been submitted; (g) Additional information/clarification has not been submitted within the time limit of five days, prescribed under clause (b) of rule 8(2). (3) In case of registration of declaration of legal heirs - (a) Summary inquiry to be conducted on receipt of an application for declaration of legal heir(s)- Once an application is received, the Sub-registrar shall conduct a summary inquiry to check- (i) the veracity of information provided in compliance of sub rules (3), (4), (7) of rule 12 and sub- rule (1) of rule 13; (ii) the veracity of the Aadhaar number(s); Name(s); Phone number(s)/Email id(s)/Address(es) of the declarant/legal heir(s) contained in the application submitted by the declarant; (iii) the veracity of the relationship(s) between the declarant and the legal heir(s) mentioned in the application; and (iv) whether the declarant is of a sound mind at the time of filing the application for declaration of legal heir(s). (b) Asking for Additional Information- If the sub-registrar needs additional information from the declarant, she/he shall ask for such additional information within five days of the receipt of an application for declaration of legal heir(s). (c) Acceptance/Rejection of the application of declaration of legal heir(s) - (i) After the completion of summary inquiry and within 15 days from the receipt of the application, the Sub-Registrar may either issue a certificate of declaration of legal heir(s), the format of which is provided in Annexure - 21, or pass an order rejecting the application and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against such order with the Registrar concerned within a period of thirty days from the date of such rejection. A format of the rejection order is provided in Annexure – 22; (ii) Under sub clause (i) above an application for declaration of legal heir(s) may be rejected by the Sub-Registrar on one or more of the following grounds – (a) The declarant has not completed the age of eighteen years; (b) The summary inquiry reveals that the declarant is not of sound mind; (c) An information provided in the application is false or a document submitted is forged or fabricated; (d) Additional information/clarification has not been submitted within the time limit of five days prescribed under sub rule (1) of rule 13. (d) Acceptance/Rejection of the Information updated by the Declarant after Registration of Declaration of Legal Heir(s) - Once the declarant updates an information, the Sub-Registrar will conduct a summary inquiry to check the veracity of the information being updated. Within 15 days from the date of receipt of the (1) In case of Marriage solemnized/contracted (a) Timely Submission of Memorandum- Based on the stipulations made in section 10 of the Code the following time schedule is prescribed for submitting a memorandum- (i) In case of a marriage solemnized/contracted in the State before 26th of March, 2010, the registrants are required to submit the memorandum for registration of marriage or for acknowledgement of registered marriage within a period of six months from date of commencement of the Code along with the fee prescribed under sub rule (11) (a) or sub rule (11) (b) of rule 9. If such a memorandum is submitted after six months from date of commencement of the Code it must be accompanied with an additional fee prescribed under sub rule (11) (c) of rule 9; (ii) In case of a marriage solemnized/contracted outside the State before the commencement of the Code, the registrants are required to submit the memorandum for registration of marriage or for acknowledgement of registered marriage within a period of six months from the date of commencement of the Code along with the fee prescribed under sub rule (11) (a) or sub rule (11) (b) of rule 9. If such a memorandum is submitted after the commencement of the Code, it must be accompanied with an additional fee prescribed under sub rule (11) (c) of rule 9; (iii) In case of a marriage solemnized/contracted in the State between 26th of March, 2010 and the date of commencement of the Code, the registrants are required to submit the memorandum for registration of marriage or for acknowledgement of registered marriage within a period of six months from the date of commencement of the Code along with the fee prescribed under sub rule (11) (a) or sub rule (11) (b) of rule 9. If such a memorandum is submitted after six months from the date of commencement of the Code, it must be accompanied with an additional fee prescribed under sub rule (11) (c) of rule 9; (iv) In case of a marriage solemnized/contracted after commencement of the Code, the registrants are required to submit the memorandum for registration of marriage or for acknowledgement of registered marriage within a period of sixty days from the date of marriage along with the fee prescribed under sub rule (11) (a) or sub rule (11) (b) of rule 9. If such a memorandum is submitted after the expiry of sixty days from the date of marriage, it must be accompanied with an additional fee prescribed under sub rule (11) (c) of rule 9. (b) Time bound submission of additional information- Sub-Registrar/Registrar/Registrar General asks for additional information or seeks any clarification, the registrant(s) shall submit/clarify the same within a period of five days from the date a communication in this regard is received from one of the officials mentioned above. For a memorandum submitted under the Accelerated Service (Tatkal Sewa) the additional information/ clarification shall be submitted within twenty-four hours from the time a communication is received in this regard. (c) Updating information (i) If there is a change in address/phone number/email/ religion of the spouse(s), after a marriage is registered or after a previously registered marriage is acknowledged, it is the duty of the parties to that marriage to update the information regarding the same online on the official Web- portal or through the Mobile App of the Code within 30 days of the change; (ii) After a marriage is registered or a previously registered marriage is acknowledged, if there is birth/death of a child during the continuance of marriage, it is the duty of the parties to the marriage to update the information regarding the same in the manner prescribed under sub clause (i) above; (iii) If one of the spouses dies after the registration of marriage or after the acknowledgement of a registered marriage, it would be incumbent on the surviving rule 9. If such a memorandum is submitted after the expiry of sixty days from the date of marriage, it must be accompanied with an additional fee prescribed under sub rule (11) (c) of rule 9. (b) Time bound submission of additional information- Sub- Registrar/Registrar/Registrar General asks for additional information or seeks any clarification, the registrant(s) shall submit/clarify the same within a period of five days from the date a communication in this regard is received from one of the officials mentioned above. For a memorandum submitted under the Accelerated Service (Tatkal Sewa) the additional information/ clarification shall be submitted within twenty- four hours from the time a communication is received in this regard. (c) Updating information (i) If there is a change in address/phone number/email/ religion of the spouse(s), after a marriage is registered or after a previously registered marriage is acknowledged, it is the duty of the parties to that marriage to update the information regarding the same online on the official Web- portal or through the Mobile App of the Code within 30 days of the change; (ii) After a marriage is registered or a previously registered marriage is acknowledged, if there is birth/death of a child during the continuance of marriage, it is the duty of the parties to the marriage to update the information regarding the same in the manner prescribed under sub clause (i) above; (iii) If one of the spouses dies after the registration of marriage or after the acknowledgement of a registered marriage, it would be incumbent on the surviving spouse to update the information regarding the same in the manner prescribed under sub clause (i) above; (iv) If the marriage is legally annulled or the registrants get legally divorced after the registration of marriage or after the acknowledgement of a registered marriage, information regarding the same is required to be updated by the registrants in the manner prescribed under sub clause (i) above. (2) In case of registration of decree of divorce/nullity of marriage (a) Timely submission of memorandum-Based on the date of passing of decree, section 11 of the Code prescribes the following time-schedule for submitting a memorandum for registration of decree of divorce or nullity of marriage- (i) In case a final decree of divorce was pronounced by any court or nullity of marriage had become final in the state or out side the state before the commencement of the Code, the registrant(s) are required to submit the memorandum for registration of final decree of divorce or nullity of marriage, within a period of six months from date of commencement of the Code along with the fee prescribed under sub rule (7) (a) of rule 10. If such a memorandum is submitted after six months from the date of commencement of the Code, it must be accompanied with an additional fee prescribed under sub rule (7) (b) of rule 10; (ii) In case a decree of divorce or nullity of marriage is passed by any Court in the State or outside the State and it becomes final after the commencement of the Code, the registrant(s) are required to submit the memorandum for registration of final decree of divorce or nullity of marriage, within sixty days from the date the decree becomes final along with the fee prescribed under sub rule (7) (a) of rule 10. If such a memorandum is submitted after the time limit prescribed under this sub-rule, it must be accompanied with an additional fee prescribed under sub rule (7) (b) of rule 10. (b) Time-bound Submission of Additional information- If the Sub- Registrar/Registrar/Registrar General asks for additional information or seeks any clarification, the registrant(s) shall submit/clarify the same within a period of five days from the date a communication in this regard is received from one of the officials mentioned above. (c) Updating Information – (i) If there is a change in address/phone number/email/religion of the spouse(s), after a final decree of divorce or nullity of marriage is registered, it is the duty of the party/parties to that decree to update the information regarding the same online on the official Web-portal or through the Mobile App of the Code within 30 days of the change; (ii) If there is birth/death of a child of the couple after the final decree of divorce or nullity of marriage has been registered, it is the duty of the party/parties to the decree of divorce or nullity of marriage to update the information regarding the same in the manner prescribed sub clause (i) above. (3) In case of Live-in relationship- (a) Submission of Statement - The registrants shall submit their statement of live-in relationship along with the fee prescribed under sub rule (9) of rule 15. (b) Time-bound Submission of Additional Information - If the Registrar/Registrar General asks for additional information or seeks any clarification, the registrant(s) shall submit/clarify the same within ten days from the date a communication in this regard is received from one of the officials mentioned above. (c) Updating Information – (i) If there is any change in address(es)/phone number(s)/email(s)/ religion(s) of the registrant(s), after the live-in relationship has been registered, within ten days of such change the registrant(s) shall update the information online on the official Web- portal/Mobile App of the Code; (ii) If there is arrival of a child during the tenure of the live-in relationship, the live-in partners shall update the information relating to such child within thirty days from the date of issuance of the birth/adoption certificate of the child in the manner prescribed under sub clause (i) above; (iii) Where Provisional Registration Certificate has been issued, the registrants shall submit the information regarding the address of the accommodation to be used as their shared household along with the details of landlord, a copy of rent agreement and tenant verification number to get their live-in relationship registered. This shall be done in the manner prescribed under sub clause (i) above within thirty days from the issuance of the Provisional Registration Certificate or within forty-five days if an extension has been granted; (iv) If one of the live-in partners dies during the continuance of live-in relationship, it would be incumbent on the surviving live-in partner to update the information regarding the same in the manner prescribed under sub clause (i) above within thirty days from the date of issuance of death certificate of the deceased.