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[REGISTRATION OF HINDU MARRIAGE (KARNATAKA)
RULES, 1966

Note: This electronic version of this statute is reproduced for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official gazette notifications.

[REGISTRATION OF HINDU MARRIAGE (KARNATAKA)
RULES, 1966

G.S.R. 911, dated 10th March, 1966: - In exercise of the powers conferred by sub-section (1) of Section 8 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955), the Government of Karnataka hereby makes the following rules, namely:

1. Title :- These rules may be called the Registration of Hindu Marriage (Karnataka ) Rules 1966.

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

(a) Act means the Hindu Marriage Act, 1955

(b) form means a form appended to these rules:

(c) marriage means a marriage between any two Hindus fulling the condition of Section 5 and Section 7.

(d) memorandum means a memorandum of marriage mentioned in rule 4;

2[(e) Priest means any person who solemnizes a marriage;]

(f) register means a Hindu Marriage Register kept under these rules ;

(g) Registrar means a Registrar of Hindu Marriages appointed under these rules.

(h) Registrar-General means the Register General of Birth, Deaths and marriages appointed under any law for the time being inforce relating to the registration of births, deaths and Marriages ;

(i) Section means a section of the Act.

3[(i) witness - means any person who is present at the time of the solemnisation of the marriage]

3. 4Appointment of Registrars :- (1) The State Government may appoint either by name by virtue of their office, so many persons as it thinks necessary to be registrars for such local area as it may specify.

1. Published in the Karnataka Gazette April 28, 1966, part IV Section 2-C-1, page 1089 to 1096.

2. Omitted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000 published in the Karnataka Gazette part 4 on 8-6-2000.

3. Inserted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000

4. S.O. 4896 - In exercise of the powers conferred by Sub-rule (1) of Rule 3 of the Registration of Hindu Marriages (Karnataka) Rules. 1966 the Government of Karnataka here by appoints all Sub-Registrars of the several Sub-Districts, appointed under the Indian Registration Act, 1908 (16 of 1908) to be Registrars of Hindu Marriages for the local areas comprised within their respective jurisdiction. [Notification No. HD 6 CIM 61, dated 4th July 1966]

2. The Registrars shall be under the general control>

4. Registration of Marriages: - 1[(1) The parties to a Hindu Marriage may have the particulars relating to their marriage entered in a register and prepare and sign a memorandum in form 1 in duplicate and either deliver them in person or send them by registered post to the Registrar of the area in which the marriage took place] 2[or in which 3 [xxx] the bridegroom or the bride ordinarily reside.]

4[(2) Every such memorandum shall be delivered or sent along with an application in form 1A.]

5[(3) The memorandum and its duplicate shall be signed by three witnesses.]

(4) On receipt of the memorandum and the duplicate, the Registrar shall make an endorsement in form II on the reverse and then paste the memorandum in the register which shall be in the form of a paste book consisting of blank butts serially numbered, beginning with figure 1.

6[(5) On filing the memorandum along with the application and completion of registration, the Registrar shall immediately issue a certificate of registration of marriage in From IIA and communicate it either to the presenter in person or send it by post to the parties to the marriage]

5. Duplicates to be forwarded to the Registrar-General:

(1) On or before the fifth day of each month the Registrar shall send by Registered post to the Registrar-General all duplicate copies of the memorandum received by him during the preceeding month, affixing at the end of the last of such copies a certificate in Form III.

(2) On receipt of such duplicates : Registrar General shall file them by pasting them in a register similar in form to the maintained by Registrar under rule 4, and cause indexes of the entries in Form IV and Form V kept in his office.

6. Registrar to maintain Indices : Every Registrar also shall maintain in Form IV and Form V Indices of the entries made by him in the Register.

1. Substituted by Notification No. G.S.R. 314 dated 10th August 1968 published in Karnataka Gazette, SEPT 19, 1968 Part IV

Section 2-C(i).

2. Added by Notification No. HD 5 PIM 69 dated 10th July 1969.

3. The word the parents of omitted. Omitted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999

w.e.f. 8-6-2000.

4. Substituted by Notification No. G.S.R. 394 dated 18th November 1968

5. Substituted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

6. Inserted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

7. Registrars Power to require parties to rectify defects in Memorandum etc: -

1[(1) If any memorandum received by a Registrar under rule 4 is not accompanied by the duplicate thereof 2[and letter and figure and an application in From 1A] or is defective in any respect, the Registrar may require the parties to the marriage to furnish the duplicate or to remedy the defect within such reasonable time as he may specify.]

(2) Where any memorandum received by him relates to a marriage that has taken place outside the limits of his jurisdiction, the Registrar shall forward such memorandum to the Registrar having jurisdiction under intimation to the parties concerned.

3[(3) The registrar shall, on receipt of the memorandum along with the application in From 1A scrutinise them or have them scrutinised. If the memorandum, identity slip or application is found incomplete the Registrar shall refuse to file such memorandum and pass a brief order in writing to that effect and communicate it to the parties to the marriage.]

8. 4[Grant of Certified Extracts of Register] : Certified extracts from the registers shall, on application, be given by the Registrar, on payment of a 5[fee specified in the schedule appended to these rules.

Provided that, where the certified extract of the memorandum if sought for, the same may be granted without the joint photograph of the bride and bridegroom:

Provided further that, where certified copy is issued by means of photocopying, the copy of the joint photo of the bride and bridegroom may also be granted.]

9. Crediting of fees etc. : For every fees paid under these rules receipt in Form VI shall be issued and such fee shall be credited to the State Governments account.

6[10. xxx]

11. The Custody and Preservation of Registers and Records etc., : (1) The Registrar shall certify on the title page of every blank register issued to him the number of pages contained in the register and also note the date on which it was received, and opened by him.

1. Substituted by Notification No. G.S.R. 394 dated 18th November 1968.

2. Inserted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

3. Inserted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

4. Substituted by Notification No. G.S.R. 314 dated 10th August 1968 published in Karnataka Gazette, Sept. 19, 1968

Part IV Section 2-C (i).

5. Substituted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

6. Omitted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

(2) All registers maintained by the Registrar and the Registrar - General and the indices maintained by the Registrars and Registrar-General shall be preserved permanently.

1[(3) The records and papers specified in column (2) of the Table>

1 [TABLE]

No.

Records and papers

No. of years

1

Receipt Book foils

5 Years

2

Postal acknowledgement receipt in respect of duplicate of memoranda sent to the Registrar General.

2 Years

3

Application for extracts from the Registrar

1 Year

4

Accounts of blank book and forms

3 Years

5

Cash book

5 Years

6

The Registers and applications and other records not covered under above items.

2 Years


1 [SCHEDULE OF FEES]

(See rule 8)

1. For grant of certified copies:-

(a) for every certified copy of marriage memorandum and identity slip, if any

Rs.10/-

(b) For every certified copy of application of form VII

Rs.10/-

(c) For every certified copy of order of refusal to file memorandum of marriage by Registrar.

Rs.10/-

2. Miscellaneous:-

(a) For every application presented to the Registrar.

Rs.5/-

(b) For every search of a marriage memorandum.

Rs.5/- per year.

Provided that no search fee shall be charged if the application for grant of certified copy is presented along with the application for marriage.

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1. Substituted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

2. Inserted by Registration of Hindu Marriages (Karnataka) (Amendment) Rules, 1999 w.e.f. 8-6-2000.

   
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