Registration procedures regarding marriage and divorce

(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