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Tamilandu marriage Act Registration

A Bill to amend the Tamil Nadu Registration of Marriages Act, 2009.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-eighth Year of the Republic of India as follows:

1. (1) This Act may be called the Tamil Nadu Registration of Marriages (Amendment) Act, 2017. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. In section 2 of the Tamil Nadu Registration of Marriages Act, 2009 (hereinafter referred to as the principal Act), for clause (e), the following clause shall be substituted, namely: “(e) “priest” means any person who performs a marriage according to custom or usage or under any law for the time being in force;”. 3. In section 5 of the principal Act, in sub-section (1),(1) the expression “or send in the manner as may be prescribed” shall be omitted; (2) for the proviso, the following provisos shall be substituted, namely: “Provided that where the parties to a marriage are unable to deliver the memorandum in person, the Registrar may, after recording the special circumstances for not presenting the memorandum in person, allow them to send the memorandum in such manner as may be prescribed: Provided further that the memorandum may be delivered in person or sent in the manner prescribed to the Registrar within a further period of sixty days after expiry of the said ninety days with the payment of additional fee as may be prescribed: Provided also that the memorandum may be delivered in person or sent in the manner prescribed to the Registrar after the expiry of sixty days specified in the second proviso with the payment of further fee of one thousand rupees”. 4. In section 7 of the principal Act, in sub-section (1), for the expression “delivered or sent”, the expression “delivered in person or sent in the manner prescribed” shall be substituted. 5. In section 14 of the principal Act, in sub-section (1), in clause (a), for the expression “deliver or send”, the expression “deliver in person or send in the manner prescribed” shall be substituted. Short title and commencement.

Tamil Nadu Act 21 of 2009. Amendment of Section 2. Amendment of Section 5. Amendment of Section 7. Amendment of Section 14. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY STATEMENT OF OBJECTS AND REASONS The Tamil Nadu Registration of Marriages Act, 2009 (Tamil Nadu Act 21 of 2009) provides for compulsory registration of all marriages in the State of Tamil Nadu. As per the said Act, the parties to a marriage shall submit the memorandum of marriage for registration of the marriage within ninety days from the date of marriage or within a further period of sixty days with payment of additional fee.

The Hon’ble High Court of Madras in its order dated 09.02.2015 in W.P. No.33645/2013 has directed to make a provision for registration of marriages beyond the period of 150 days now provided in the Act on payment of additional fee. Further, the High Court of Madras in HCP No.2767/2013 and 2141/2014 and M.P.No.1/2014 in HCP No.2767/2013, dated 17.10.2014 has inter alia observed that no registration of marriage can be done under the said Act without the physical presence of the parties to the marriage before the Registrar, except under special circumstances, after recording the reasons there for.

The High Court of Madras in its order, dated 27.03.2015 in W.P. No.27552/2011 and M.P.1 of 2011 has directed to amend clause (e) of section 2 of the said Act, which defines the term “priest”, so as to cover persons of all religions. The Government have therefore decided to amend the said Tamil Nadu Act, 21 of 2009 suitably for the above purposes. 2. The Bill seeks to give effect to the above decision.

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