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The Uttarakhand Compulsory Registration of Marriage Act, 2010

[Uttarakhand Act No. 19 of 2010]
to provide for the compulsory registration of all marriages solemnized in the State of
Uttarakhand so as to prevent child marriages, check bigamy or polygamy, help women to
exercise their rights of maintenance from husband and custody of children, enable widows to
claim inheritance and to serve as deterrent to husband deserting their wives and for matters
connected therewith or incidental therto
AN
ACT
Be it enacted by the State Legislature in the Sixty-first year of the Republic of India as
follows :-
Short title, 1. (1) This Act may be called the Uttarakhand Compulsory Registration of
extent and Marriage Rules, 2010.
commencement
(2) It shall come into force on such 1[DATE] as the State Government
may, by notification in the Uttarakhand Gazette, appoint.
(3) It extend to the whole of the State of Uttarakhand.

Definitions 2. In these Act, unless the context otherwise requires-

(a) “State Government”means the Government of Uttarakhand;
(b) “Registrar General” means the Inspector-General of Registration
appointed under Section 3 of the Registration Act, 1908 (Act No. 16
of 1908);
(c) “District Registrar” means the Registrar of the District appointed
under Section 6 of the Registration Act, 1908 (Act No. 16 of 1908)
and includes the officer performing the duties of a Registrar under
Sections 10 and 11 of that Act;
(d) “local Registrar” means a Local Registrar of marriages appointed
by the State Government under this Act”
(e) “Marriage” includes all the marriages contracted by person
belonging to any caste, tribe or religion, and the marriages
contracted as per any custom,practices or traditions,and also includes
re-marriages;
(f) “To contract a marriage” means to solemnize or enter into a
marriage in any form or manner,in accordance with any
custom,practices or traditions in force;
(g) “Memorandum” means a memorandum of marriage referred to in
section 5 or 6
(h) “Priest” means any person who get the marriage performed in
accordance with the custom of the community concerned;
(i) “Register” means a register of marriages maintained under this Act;
(j) “Prescribed” means prescribed by rules made under this Act.

Cumpulsory 3. (1) Noteithstanding anything contained in any other law for the time
registration of being in force or in any custom or usage to the contrary, all the
marriage marriage solemnized in the State after the commencement of this Act

1
w.e.f. 26th March, 2010 vide Not. No. 610/XVII(2) 2010, Uk. Women emp. & Child Devel. Depat.
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shall be registered within ninety days of solemnization of marriage
in such manner as may be prescribed.
(2) Each husband shall be responsible to get the marriage registered :
Provided that where such husband is under the age of 18 year
or is an idiot, or a lunatic or is from sickness or infirm or is serving
in any of the Armed Forces and is unable to obtain leave to register
his marriage, wife shall be responsible to get the marriage registered
:
Provided Further that where the wife who is under the age of
18 years or is an idiot, or a lunatic or is sick or infirm or is serving in
any of the Armed Forces and is unable to obtained leave to register
his marriage,wife shall be responsible to get the marriage registered.

Appointment 4. (1) The State Government shall, by notification, appoint such persons as
of Local it considers necessary to be the Local Registrar for such local area, as
Registrar may be specified in such notification.
(2) The Distric Registrar or Local Registrar shall maintain in the
prescribed manner a reister of marriage and such other registrrs as
may be prescribed.

Memorandum 5. (1) The parties to a marriage shall, preapare and sign memorandum in
and the form specified in Schedule “A” and deliver or send by registerd
Registration of post the said memorandum in duplicate to the Registrar of the area in
Marriage which the marriage was contracted, within a period of ninety days
from the date of marriage.
(2) The memorandum shall be accompanied by the prescribed fee and
shall be attested by a prescribed person.
(3) On receipt of the memorandum, the Registrar shall file the same,
enterthe particulars thereof in the register within seven days and send
the duplicate copy thereof to the District Registrar and issue a
marriage certificate in such form and manner as may be prescribed.

Notice to 6. (1) The Registrar may suo-moto or otherwise issue notice to the parties
Parties for Non to a marriage which has not been registered under this Act, to appear
Registration of before him and get the memorandum of marriage signed and
marriage delivered with the prescribed fee in such manner and within such
time as may be specified in the notice.
(2) On receipt of a memorandum under sub-section (1) the Registrar
shall file the same, enter the particulars thereof in the register, send
the duplicate copy thereof to the District Registrar and issue the
marriage certificate as provided in section 5.
(3) Nothing contained in sub-section (1) shall affect the liability of any
person under the provisions of section 13.
(4) Where any party to the marriage or parties to the marriage are minor
the Registrar shall inform, to the local Police that the marriage is
solemnized in contravention of Child Marriage Restraint Act,1929.

Register to be 7. The register maintained under this Act, shall at all reasonable times,
open for public be open to inspection, on working hours by any person and certified
inspection extracts thereform, shall be on application, be issued by the Registrar
or Local Registrar on the payment of prescribed feel The entries in
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the memorandum or the registrar or the certified extract thereof or
the marriage certificate issued under section 5 or section 6 shall be
admissible in evidence and be proof of the statement contained
therein.

Non Registra- 8. No marriage contracted in the State shall be deemed to be invalid

tion not to in solely by reason of the fact that it was not registered under this Act
invalidate the or that the memorandum was not delivered or sent or the Registrar or
marriage that such memorandum was defective, irregular or incorrect.

Registrar to 9. (1) Every Registrar shall keep in the prescribed form a Register of
keep registers marriage Registration made in the area under his jurisdication.
in prescribed
form (2) The Registrar–General shall from time to time cause to be printed
and supplied to the Registrars sufficient number of Registrar in the
prescribed form.

Search of 10. Subject to any rules made in this behalf by the State Gobernment,
register including the rules relaing to payment of fees, any person may—
(a) Cause a search to be made for any entry in the Register of
Marriage Registration, and
(b) Obtain an extract from such register.

Admissibility 11. (1) All extract (s) obtained under sub-section (1) shall be sighed by the
of certificate registrar concerned, and shall be admissible in evidence in any court
abstract and of law for the purpose of establishing the factum of marriage to
evidentiary which the entry, relates.
value
(2) Certificate of marriage issued under the Act, or any abstract (s) of
the register kept under this Act issued by the Registrar or Local
Registrar shall be presumed correct unless the contrary is proved.

Penalty for 12. Any person who—

neglect or false
statement (a) omits or neglects to deliver or send the memorandum as required
by section 5 or 6
(b) makes any statement in the memorandum which is false in any
material particular, and which he knows or has reason to believe
to be false, shall, on conviction, be punished with fine which
may extend to one thousand rupees.
(c) Shall, also not be entitled to any benefits under the various
schemes of the central or the State Government or their
undertakings.

Punishment for 13. The Registrar who willfully fails to file the memorandum pursuant to
non-memo- section 5 or 6 shall on conviction, be punished with imprisonment
randum for a term which may extend to three months or with fine which may
extend to one thousand rupees or with both.

Punishment for 14. Any person secreting destroying or dishonestly or fraudulently

conceal-ment altering the register of marriage or any part there of ,shall,on
of fact
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conviction, be punished with extend to ten thousand rupees or with
both.

Cognizence of 15. (1) No court shall take cognizance except ,the complaint under sub-
offences clause (b) of section 12 made by the aggrieved husband or the wife :

Provided that where such person is under the age of 18 year,or

is an idiot or a lunatic, or is sick or infirm, unable to make a
complaint,or is a woman who, according to the lacal customs and
manners, ought not be compelled to appear in public, mother or
father or guardian with the leaves of the court make a complaint on
his or her behalf.
(2) No court shall take cognizance except, the complaint made by
District Registrar of the concern of District under sub-clauses (a) of
section 12, 13 and 14.

Compounding 16. (1) Offence under sub-section (b) to section 12 shall be compoundable
of offence
(2) Offence punishable under clause (a) of section 12 may be
compounded by the District Registrar on his being satisfied,that the
marriage has been registered.
(3) On inquiry or showing sufficient cause by the accused, District
Registrar may withdraw the complaint under section 13, on being
satisfied that the accused has discharged his duties according to
Section 5 and 6.

Protection for 17. No suit or prosecution or other legal proceeding shall be instituted
action taken in against any person for anything, done in good faith.
good faith

Savings 18. Any marriage registered under, the Uttar Pradesh Hindu Marriage
(Registration) Rules, 1973 (as applicable to the State of
Uttarakhand) or under the special marriage Act, 1954 shall be
deemed registered under this Act.

Power to make 19. (1) The State Government may, by notification in the Official Gazette
rules and subject to the previous publication in particular and without
prejudice to the generality of the foregoing powers, for carrying out
the purpose of this Act, provide for all or any of the following
matters, namely:-
(a) The powers and duties of the Local Registrar, District
Registrar and Registrar General.
(b) The form and manner, in which the memorandum shall be
filled.
(c) The form and manner , in which register of marriage and
records required to be maintained and the form of certificate of
registration of marriage to be issued under section 5 and 6.
(d) The custody, in which the register and records are to be kept
and the preservation of such registers and records.
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(e) The Fee to be paid under the relevant provisions of this Act.
(f) Creating awareness for registration of marriages.
(g) Any other matter which may be or require to be prescribed
(2) All rules made this section shall be laid before the State Legislative
Assembly as soon as possible after they are made and shall be
effective subject to approval or modifications by the State
Legislative Assembly.

Application of 20. Save as otherwise provided, the provisions of this Act shall be in
other laws not additions to and not in derogation of any other law for the time being
barred in force.

Power to 21. (1) If any difficulty arises in giving effect to the provisions of this Act,
remove Governor may, by order, give such directions, not inconsistent with
difficulty the provisions of this Act, as appear to be necessary or expedient for
the purpose of removing the difficulty :
Provided that no order under sub-section (1) shall be made
after the expiry of two years from the date on which this Act comes
into force .
(2) Every order made under this section shall be put before the State
Legislatives Assembly.
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SCHEDULE “A”

MEMORANDUM OF MARRIAGE
(Section 5 and 6)
of
The Uttarakhand Compulsory Registration of Marriage Act, 2010

bridegroom’s self bride’s self

attestedb photo attestedb photo

To,
The Registrar,
Compulsory Registration of Marriage,
…………….. District
Uttarakhand.
Sir,
A marriage in accordance with the provisions applicable to us (as per Religion,
…………………………. Custom or Practice applicable to the parties be mentioned) has
been solemnized between us, the undersigned parties, on ………………… and we
request that the following particulars of our marriage be registered in the Uttarakhand
Compulsory Registration of Marriage Register :-

Particulars of Marriage
1. Date of marriage
……………………………………………………………………………..
2. Place of marriage (with sufficient particulars to locate the place)
…………………….…………………………………………………………………
……………………….……….…
3. Parrticulars of the bridegroom :
(a) Full name and occupation
………………………………………………………………
(b) Domicile (only the particulars to be filled up)
…………………………………………
(c) Age …………………………………………
(d) Usual place of residence
………………………………………………………………..
(e) Permanent address
………………………………………………………………………
(f) Address at the time of application
………………………………………………………
(g) Status at the time of marriage
…………………………………………………………..
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Whether Unmarried
…………………………………….….…
Widower
……………………………………………
Divorced
……………………………………………
Dated ………. Signature of the Bridegroom ……………………….
4. Particulars of the bride :
(a) Full name
………………………………………………………………………………
(b) Domicile (only the particulars to be filled up)
…………………………………………
(c) Age …………………………………………
(d) Usual place of residence
………………………………………………………….…..
(e) Permanent address
………………………………………………………………………
(f) Address at the time of application
………………………………………………………
(g) Status at the time of marriage
…………………………………………………………..
Whether Unmarried
…………………………….………….…
Widower
……………………………….……………
Divorced
……………………………………………
Dated ………. Signature of the Bridegroom ……………………….

5. Full particulars of bridegroom’s father :

(a) Full name
………………………..………………………………………………………
(b) Age
……………………………..…………………………………….……………
(c) Occupation
………………….….…………………………………….…………………
(d) Usual place of residence
………………………………………………………………..
(e) Address at the time of application
………………………………………………………
(f) Whether alive or dead
…………………………………………………………………..
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Dated ………. Signature of the father of the bridegroom

…………………………………………………………………………………………
6. Particulars of the bride’s father or other guardian :
(a) Full name
………………………..………………………………………………………
(b) Age
……………………………..………………………………………….………
……
(c) Occupation
………………….….…………………………………….…………………
(d) Usual place of residence
………………………………………………………………..
(e) Address at the time of application
………………………………………………………
(f) Relationship of guardian with bride
……………………………..…………………….

Dated ………. Signature of the father of the bridegroom

Note : Signature of the bridegroom’s father is not obligatory.

Note -- N.B. Signature of the bride’s father or guardian is not obligatory where the
bride’s age is not less tham 18, on the date of application but signature of her
father or guardian is necessary where on the date of application she is below 18
and the marriage was performed in accordance with the law in force on the date
of marriage.)

7. Particulars of the priest:

(a) Full name
………………………..………………………………………………………
(b) Age
……………………………..………………………………………….………
……
(c) Usual place of residence
………………………………………………………………..
(d) Address
………………………….………………………………………………………

Note :-- It shall not be obligatory to enter particulars of the priest, if the marriage took
place more than a year before the date of the application. His signature is not
obligatory.
Dated ………. Signature of the prist………………
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DECLARATION

I, solemnly declare that the particulars given in this application, so for as they relate
to myself and to the solemnization of marriage are true to the best of my knowledge and
the rest are based on information received and believed to be true.

8. Signature of Bridegroom ………………. Signature of Bride …………………

Dated …………………….. Dated …………………………

9. 1—Witness :
(a) Full name
………………………………………………………………………….
(b) Adress
……………………………………………………………………………...

2—Witness :
(a) Full name
………………………………………………………………………….
(b) Adress
……………………………………………………………………………...
Signature …………………….……………
Dated …………………………..………….
Certificate by ……………………….……. (Designation) ………………………………..

(The identification of the bridegroom and the bride and other particulars of this
application by the Member of Parliament/Member of the State Legislature/Gazetted
Officer/Pradhan/ Sarpanch/Pramukh/President of a local body/Counsel/Vice-Counsel, as
are appended with the application.)

Note – Certificate may be by more than one such person where one cannot certify the
identify of both the parties or all other particulars.