Registration of Marriage and Acknowledgment of registered marriage

CHAPTER 3 REGISTRATION OF MARRIAGE, DIVORCE AND NULLITY OF MARRIAGE (1) Circumstances leading to Registration of Marriage and Acknowledgement of Registered Marriage – (a) A marriage may be registered under these Rules if it has not been previously registered under any statute of the Government of Bharat or of any State Government. For such a case, a registration certificate will be issued subject to the outcome of a summary inquiry; (b) A marriage already registered under any statute of Government of Bharat or of any State Government shall not require fresh registration. For such a case, after due verification, an acknowledgement certificate will be issued based on the existing registration certificate of marriage. (2) Classification of Marriages for the purpose of Registration/ Acknowledgement - Based on the date of marriage, section 6 and section 7 of the Code, classify marriages in the following manner - (a) Marriage solemnized/contracted before 26th of March, 2010, the date on which The Uttarakhand Compulsory Registration of Marriage Act, 2010 was notified in the Uttarakhand Gazette. (b) Marriage solemnized/contracted between 26th of March, 2010 and the date of commencement of the Code. (c) Marriage solemnized/contracted after the commencement of the Code. (3) Information to be included in the Memorandum for Registration of Marriage/Acknowledgement of Registered Marriage - A memorandum is required to be submitted for getting a marriage registered or for getting a previously registered marriage, under any satute, acknowledged. Irrespective of the marriage belonging to any of the classes enumerated under sub rule (2) of rule 9 above, the registrant(s) shall be required to furnish the following information - (a) Registrant(s) - Wife & husband jointly; wife or husband alone in case the registrant is a widow(er) or divorcee or a person whose marriage has been annulled; (b) Date of Marriage - The date on which the marriage ceremony was performed or the marriage was solemnized/contracted; (c) 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); (d) Details of Parties to the Marriage - Aadhaar number(s); Names; Dates of birth; Nationalities; Religions; Categories (General/SC/OBC/Other); Phone number(s); Email id(s) (optional); Present & permanent address(es) and Proof(s) of residency; (e) Prior Relationship Status - (i) Whether a party to the marriage has a history of marital or live-in relationship prior to the marriage and, if so, whether the party concerned is/was a Divorcee; a Widow(er); had Marriage annulled; had Live-in Relationship Terminated; is already married or whether her/his Live-in Partner Expired. If already married, whether statutory provisions permit polygamous relationship to the party concerned; and (ii) Prior to the marriage, whether the parties to the marriage were related to each other and if so, the exact relationship between the parties and whether the relationship is within the degrees of prohibited relationship defined under clause (d) of sub-section (1) of section (3) of the Code; (f) Details of Children, if any - Name; Gender; Date of birth/adoption 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 submission of the memorandum for registration of marriage/acknowledgement of registered marriage; (g) Details of guardians of parties to the marriage - Guardian type (Parent(s)/Legal guardian(s)); Name; Address; Phone Number and Email id (optional); (h) Place of Marriage - Address where marriage ceremony was performed; (i) Ceremony of Marriage: Saptapadi/Nikah/Anand Karaj/Holy Union/Ashirvad/Arya Samaji/Nissuin/Mangal Pheras/Pakton/ Others; (j) Details of the Officiant who performed the Marriage Ceremony - Name; Address; Phone Number and Email id (optional); (k) Wherever applicable, details of Religious Leader/Community Head or Official of a Religious/Community Body who certifies that the Customs & Usage governing the party/parties concerned permit Marriage within the Degrees of Prohibited Relationship - Name; Address; Phone Number and Email id (optional); (l) Details of Witnesses - For marriages solemnized/contracted before the commencement of the Code, Aadhaar numbers, names, addresses and phone numbers of two witnesses who will testify that the registrants have/had been living together as husband and wife or for marriages solemnized/contracted after between the parties and whether the relationship is within the degrees of prohibited relationship defined under clause (d) of sub-section (1) of section (3) of the Code; (f) Details of Children, if any - Name; Gender; Date of birth/adoption 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 submission of the memorandum for registration of marriage/acknowledgement of registered marriage; (g) Details of guardians of parties to the marriage - Guardian type (Parent(s)/Legal guardian(s)); Name; Address; Phone Number and Email id (optional); (h) Place of Marriage - Address where marriage ceremony was performed; (i) Ceremony of Marriage: Saptapadi/Nikah/Anand Karaj/Holy Union/Ashirvad/Arya Samaji/Nissuin/Mangal Pheras/Pakton/ Others; (j) Details of the Officiant who performed the Marriage Ceremony - Name; Address; Phone Number and Email id (optional); (k) Wherever applicable, details of Religious Leader/Community Head or Official of a Religious/Community Body who certifies that the Customs & Usage governing the party/parties concerned permit Marriage within the Degrees of Prohibited Relationship - Name; Address; Phone Number and Email id (optional); (l) Details of Witnesses - For marriages solemnized/contracted before the commencement of the Code, Aadhaar numbers, names, addresses and phone numbers of two witnesses who will testify that the registrants have/had been living together as husband and wife or for marriages solemnized/contracted after the commencement of the Code, the Aadhaar numbers, names, addresses and phone numbers of two witnesses of the marriage ceremony; 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 age: Birth certificate or PAN card or Passport or Transfer/School leaving/Matriculation Certificate or Policy Bond issued by the Public Life Insurance Corporation/Companies having the DOB of the holder of Insurance Policy or Copy of an extract of the service record of the applicant (only in respect of Government Servants) or Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concern Ministry/Department of the applicant or Election Photo Identity Card or Driving License. (ii) Proof of residency- Any one of the following- (a) Domicile certificate(s) or permanent resident certificate(s); (b) Certificate(s) from employer or other documentary proof of employment in case the registrant(s) claim(s) to be the employee(s) of Central/ State Government or their undertakings/entities; (c) For residents claiming to be living in Uttarakhand for one year or more, at least one year old electricity/water bill or relevant extracts of Passport or rent agreement along with at least one year old tenant verification certificate; or (d) For residents claiming to be beneficiaries of a State/Central Government sponsored scheme implemented in the State, the beneficiary card or the beneficiary number or any other valid document supporting the claim, issued by Central/State Government; (iii) Proof of Children - Birth/Adoption certificates of children/ class 10th certificate/marksheet. (iv) Proof of previous History of Relationship - In case a party to the marriage has a history of marital or live-in relationship prior to the marriage - (a) Decree of Divorce; Decree of Nullity of Marriage; Death Certificate of Spouse; Certificate of Terminated Live-in Relationship; Death Certificate of Live-in Partner as the case may be; (b) If a marriage was dissolved before the date of commencement of the Code, under customary laws, the proof of such dissolution of marriage; or (c) If a party to the marriage is/was already married, specific statutory provisions permitting polygamous relationship to the party concerned. (v) Proof of permissibility of Marriage between the Registrants if they are within the Degrees of Prohibited Relationship - A certificate issued by a religious leader/community head concerned or official of a religious/community body concerned that the customs & usage governing the party/parties to the marriage permit the marriage within the degrees of prohibited relationship as in Annexure - 1; and (vi) Proof of marriage ceremony - (a) Photographs of each party to the marriage; (b) Photograph of parties to the marriage together in their marriage ceremony; (c) Invitation card of the marriage (if available); (d) In case the marriage ceremony was performed before the commencement of the Code, certificate of marriage ceremony issued by the officiant of the religion concerned who performed the said marriage ceremony or a self-declaration certificate of the spouses mentioning that the marriage was solemnized/contracted in accordance with their religious beliefs, practices, customary rites and ceremonies and they have been living together as husband and wife since then as in Annexure - 2; or (e) In case the marriage ceremony was performed after the commencement of the Code, a certificate of marriage ceremony issued by the officiant of the religion concerned who performed the said marriage ceremony of the spouses mentioning that the marriage was solemnized/contracted in accordance with religious beliefs, practices, customary rites and ceremonies of the parties to the marriage as in Annexure - 3. (4) Additional information to be included in the memorandum if one of the registrants is a foreign national- (a) Address of foreign national in the country of her/his origin; (b) Documents to be provided/uploaded- extracts of passport to certify that the foreign national was present in Bharat at the time of marriage. (5) Additional information to be included in the memorandum for acknowledgment of registered marriage- (a) The statute under which the Marriage was Registered; (b) Documents to be Provided/Uploaded - Certificate of Registration of Marriage. (6) Additional Information in case the Memorandum is being Submitted Singly – (a) Death certificate of the spouse and death certificate number if the registrant is a widow(er); (b) Decree of divorce or nullity of marriage if the registrant is a divorcee or her/his marriage was annulled by a Court, or if the divorce was granted under any customary law before the commencement of the Code, the proof thereof. (7) Additional Information in case of Polygamous Marriage – (a) If polygamy was permitted and the marriages were solemnized/ contracted before the commencement of the Code, and all the marriages were unregistered/registered, the registrants shall submit the details of all the spouses and all the marriages including the details of ceremonies performed for registration of all marriages/acknowledgement of all registered marriages. For such cases the format of the registration/acknowledgement certificate is provided in Annexure - 4/Annexure - 5; (b) If polygamy was permitted and the marriages were solemnized/ contracted before the commencement of the Code, and one or more marriages were unregistered with one or more being registered, the registrants shall submit the details of all the spouses and all the marriages including the details of marriage ceremonies performed for registration of all marriages. For such cases the format of the registration certificate is provided in Annexure - 4. (8) Process for submitting a Memorandum for Registration of Marriage/ Acknowledgement of Registered Marriage - The parties to a marriage intending to get their marriage registered or to get the previously registered marriage acknowledged, may do so either by following the online process or through the offline process. (9) Procedure for Online submission of a Memorandum for Registration of Marriage/Acknowledgement of Registered Marriage - Registrants may submit the memorandum for registration of marriage/acknowledgement of registered 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 marriage/acknowledgement of registered marriage shall be one-time signing-up for which one of the parties to the marriage shall be required to enter her/his Aadhaar number and verify through OTP on Aadhaar linked mobile number. For all future processes, the Aadhaar number will be the user identification number for the registrant; (c) For submitting a memorandum, one of the parties to the marriage 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 in a step-by-step manner to either enter the requisite information or select one of the options from a menu of choices or upload a copy of a document. Before logging in, the registrants are advised to keep the information required under sub-rules (2) to (7) of rule 9 above readily available so that the submission of memorandum takes place smoothly; (e) If one of the parties to the marriage is a foreign national, the memorandum cannot be submitted through the online registration process until the foreign national gets an Aadhaar Card issued. (10) Procedure for Offline submission of a Memorandum for Registration of Marriage/Acknowledgement of Registered Marriage- For offline registration of marriage/ acknowledgement of registered marriage, the registrants shall be required to physically/personally submit the memorandum in Form - 1 along with the supporting documents to the Sub-Registrar who has jurisdiction over the place of marriage or over the present address(es) of the spouse(s) or over the permanent address(es) of the spouse(s). 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. (11) Fees for Registration of Marriage/Acknowledgement of Registered Marriage – (a) A fee, as determined by State Government through notification from time to time, shall be chargeable if the memorandum for registration of marriage is submitted within the time-limit prescribed under clause (a) of rule 8(1). 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. Offline registrants shall fill in a challan in Annexure - 6 and deposit the fee in any commercial bank and obtain a receipt of challan. Digital payments may be made copy of a document. Before logging in, the registrants are advised to keep the information required under sub-rules (2) to (7) of rule 9 above readily available so that the submission of memorandum takes place smoothly; (e) If one of the parties to the marriage is a foreign national, the memorandum cannot be submitted through the online registration process until the foreign national gets an Aadhaar Card issued. (10) Procedure for Offline submission of a Memorandum for Registration of Marriage/Acknowledgement of Registered Marriage- For offline registration of marriage/ acknowledgement of registered marriage, the registrants shall be required to physically/personally submit the memorandum in Form - 1 along with the supporting documents to the Sub-Registrar who has jurisdiction over the place of marriage or over the present address(es) of the spouse(s) or over the permanent address(es) of the spouse(s). 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. (11) Fees for Registration of Marriage/Acknowledgement of Registered Marriage – (a) A fee, as determined by State Government through notification from time to time, shall be chargeable if the memorandum for registration of marriage is submitted within the time-limit prescribed under clause (a) of rule 8(1). 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. Offline registrants shall fill in a challan in Annexure - 6 and deposit the fee in any commercial bank and obtain a receipt of challan. Digital payments may be made through net banking, or through credit or debit card, or through UPI; (b) A fee, as determined by State Government through notification from time to time, shall be chargeable if the memorandum for acknowledgement of registered marriage is submitted within the time-limit prescribed under clause (a) of rule 8(1). 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. Offline registrants shall fill in a challan in Annexure - 6 and deposit the fee in any commercial bank and obtain a receipt of challan. Digital payments may be made through net banking, or through credit or debit card, or through UPI options; (c) In case a memorandum is submitted beyond the time limit prescribed under clause (a) of rule 8(1), a late fee in addition to the fees prescribed above and as determined by the State Government through notification from time to time shall be chargeable; (d) Accelerated Service (Tatkal Sewa) - If the registrants wish to get their marriage registered or to get the previously registered marriage acknowledged in an accelerated manner, a fee, as determined by the State Government through notification from time to time, shall be chargeable and registration/ acknowledgement certificate will be issued within three days of the receipt of the memorandum subject to the outcome of a summary inquiry.