DAMODARAM SANJIVAYYA NATIONAL

LAW UNIVERSITY
VISAKHAPATNAM, A.P., INDIA

A.P Compulsory registration of marriage act,2002

FAMILY LAW-I

Dr. P. VARA LAKSHMI

ASHIRBAD SAHOO
2019082
3rd SEM

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ACKNOWLEDGEMENT
I genuinely want to advance my sincere gratefulness to our regarded, Dr P. Vara Lakshmi, for giving me a golden chance to take up this research
project that is- “A.P Compulsory registration of marriage act,2002”. I have attempted my best to gather data about the task in different potential
manners to portray clear picture about the given project.

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RESEARCH METHODOLOGY
Nature: The nature of this study is exploratory and analytical. This project the registration of marriage laws in india and especially concerns
itself with A.P compulsory registration of marriage act,2002.
Sources: This research has used secondary sources of information. The secondary sources of information are used for doctrinal research, i.e.,
articles, legislative statutes and case laws are used.

OBJECTIVES OF THE STUDY

i. to study the registration of marriage act in India.

ii. to study the registration of marriage in Andhra Pradesh.

SIGNIFICANCE OF THE STUDY

This project will critically analyse the A.P compulsory registration of marriage act,2002.

SCOPE OF STUDY
This study includes doctrinal study about the registration of marriage in India and will specifically shed light on the the A.P compulsory
registration of marriage act,2002.

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Table of Contents
ACKNOWLEDGEMENT................................................................................................................................................................................................................... 2
RESEARCH METHODOLOGY...................................................................................................................................................................................................... 3
OBJECTIVES OF THE STUDY....................................................................................................................................................................................................... 3
SIGNIFICANCE OF THE STUDY................................................................................................................................................................................................... 3
SCOPE OF STUDY....................................................................................................................................................................................................................... 3
Marriage Registration Laws in India............................................................................................................................................................................................. 5
Essentials of Marriage Registration.............................................................................................................................................................................................. 5
THE HINDU MARRIAGE ACT, 1955............................................................................................................................................................................................ 5
Punishment............................................................................................................................................................................................................................... 5
Solemnization in Hindu Marriage................................................................................................................................................................................................. 6
THE SPECIAL MARRIAGE ACT, 1954.............................................................................................................................................................................................. 6
Should marriage registration be mandatory?..............................................................................................................................................................................6
Procedure.................................................................................................................................................................................................................................. 6
Procedure under the Special Marriage Act, 1954.....................................................................................................................................................................6
Procedure under Personal Laws............................................................................................................................................................................................... 6
Andhra Pradesh Compulsory Registration of Marriages Act, 2002..............................................................................................................................................7
................................................................................................................................................................................................................................................... 7
Conclusion..................................................................................................................................................................................................................................... 9
Bibliography................................................................................................................................................................................................................................ 10

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Marriage Registration Laws in India
Marriage is considered as a sacred institution in the Indian culture. It is a sacred connection between two individuals, whereby they consent to
spend the remainder of their coexistences. There are many marriage registration laws in India. After the marriage is solemnized between the
bride and the groom, there are sure necessities that should be satisfied to give it a legal standing, for example to make it legitimate under the laws
predominant in India. Due to different cultures in India, it got hard for the composers of law in such manner to set out a fair treatment for
registration and solemnization of marriage, remembering the way that if any law or policy is discovered antagonistically influencing any custom
of any religion, it is probably going to confront well known dissent.1

Essentials of Marriage Registration

THE HINDU MARRIAGE ACT, 1955
Under the Hindu marriage Act, 1955, certain conditions should be satisfied to give the marriage between the gatherings a legal standing and
make it a valid marriage. These conditions have been indicated under Sec. 5 and sec. 7 of the Act. By excellence of section 5 of the Hindu
Marriage Act 1955, a marriage will be valid just if both the gatherings to the marriage are Hindus. On the off chance that one of the gatherings to
the marriage is a Christian or Muslim, the marriage won't be a valid Hindu marriage. It was held in the case of M. Vijayakumari vs. K. Deva
Balan that: A marriage between a Hindu man who changed over as Christian and a Christian woman in a Hindu form is certifiably not a valid
marriage. According to section 5 of the Act marriage can be solemnized between two Hindus.2 A marriage may be solemnized between any two
Hindus if the following conditions are fulfilled, namely:

 Neither party has a spouse living at the time of the marriage,

 Neither party is incapable of giving a valid consent to it in consequence of unsoundness of mind,

 Though capable of giving a valid consent, neither of them has been suffering from mental disorder of such a kind or to such an extent as
to be unfit for marriage and the procreation of children,

 Neither of them has been subject to recurrent attacks of insanity or epilepsy.

 The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage,

  The parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a
marriage between the two,

 The parties are not sapindas (one is a lineal ascendant of the other) of each other, unless the custom or usage governing each of them
permits of a marriage between the two.

Punishment: A marriage solemnized between the parties within the degrees of prohibited relationship is considered null and void. The parties
of such marriage are liable to be punished with simple imprisonment for a period of one month of fine or Rs. 10000/- or with both.

Solemnization in Hindu Marriage

The Hindu Marriage Act, 1955 arrangements with the functions to be continued in a Hindu marriage, by the temperance of Sec. 7. The
arrangement expresses that a Hindu marriage might be solemnized as per the customary rituals and services of both of the gatherings. A Hindu
marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto Where such rites and ceremonies
include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes
complete and binding when the seventh step is taken. The ceremonies may vary according to the cultures and customs followed by the parties.
IN the matter of Kanwal Ram vs. Himachal Pradesh Administration the court declared that a marriage is not proved unless the essential
ceremonies required for its solemnization are proved to have been performed.3

THE SPECIAL MARRIAGE ACT, 1954

The Special Marriage Act, deals with both solemnization and registration of marriage. Under the Special Marriage Act, 1954 certain conditions
have been laid down under Sec. 4, which are substantially similar to those laid down under Sec. 5 of the Hindu Marriage Act, 1954.As per this
act, no religious ceremonies are prerequisite for a marriage to be complete. The Act lays down following conditions for a marriage to be
regarded as a lawful one, having legal standing, by the virtue of Sec. 4: Neither party should have a spouse living at the time of the marriage.

1
www.indiankanoon.org
2
www.bareactslive.com
3
www.indiacode.nic.in

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The physical and mental capacity of the both the parties should be as per the section requires. The age of the parties i.e. the male has completed
the age of twenty-one and the female has completed the age of eighteen. The parties are not within the degree of prohibited relationship provided
that custom governing one of the parties permits such a marriage between them. A marriage in contravention of any of the above conditions will
stand void under the Special Marriage Act, 1954. For the Hindus, Buddhists, Jains and Sikhs marrying within these four communities, the
Special Marriage Act 1954 is an alternative to the Hindu Marriage Act 1955.The Muslims marrying a Muslim have a choice between their
uncodified personal law and the Special Marriage Act.4

Should marriage registration be mandatory?

Constitution of India envelops three lists in seventh schedule which are named as union list, state list and concurrent list. Union list remembers
each one of those subjects for which central level can make law state list in which state-level can make laws, concurrent list in which place, just
as state, can make laws and marriage is revered in concurrent list passage. The bill for amending Registration of Birth and Death Act is pending
before parliament and in the event that such bill passes, then at central level the provision for registration won't be just for birth or death yet in
addition for marriage. And after alteration birth, marriage a marriage and death act will be formed. In 2006, the Supreme Court in the case of
Seema v. Ashwani Kumar [1] laid that distinctive state at state level should concoct laws regarding marriage registration and along these lines a
few states passed aforesaid law.

Procedure
Registration of marriage surmises a certain methodology. The essential necessity for registration being the competency of age for example the
kid and the young lady ought to have attained 21 and 18 years separately, no mate of either party be living, both ought to have a solid state of
mind, both ought not be in a prohibition relation as for Hindu law and changes in Muslim law wherein one can wed within denied degrees.

Procedure under the Special Marriage Act, 1954

First viewpoint includes marriage registration under Special Marriage Act, wherein according to method the gatherings to the marriage needs to
submit explicitly in writing to the registrar or sub-registrar of that specific zone where any of two gatherings has lived for 30 days or where their
marriage was solemnized that both are happy to wed. Some expense of registration must be paid to the registrar then the registrar in his official
notice having time breaking point of 3 months which indicates that they both are eager to wed and if any individual is having an issue with their
marriage may contact the registrar and he with the assistance of sub-registrar will work for solving the problem. Then following 30 days of
solving of the issue, the kid and the young lady are called to the office with all the necessary documents including age proof, residence proof,
and so on and with 3 observers. Then a little ceremony will be performed and a marriage testament will be given on stamp paper after effectively
registering the marriage.5

Procedure under Personal Laws

Also, the subsequent aspect incorporates registration of marriage under personal laws. Under the Hindu law registration is not compulsory until
and except if the state makes it compulsory. The procedure will be same as under Special Marriage Act just the quantity of witnesses’ changes
from three to two. Marriage under Muslim law is a contract and consequently registration is the fundamental thing for approving Nikah. Their
procedure is worked in an alternate way. When there is nikah between two Muslims then the Kafi or Imam takes assent of young lady and kid
separately from that point recounts petition from Holy Quran and afterward in Urdu just as in Hindu language fills a structure and gives its
duplicate to both the gatherings and adds to his register likewise following each month whatever solemnization he has done and advances to the
registrar and their registration is made. Basically, in the event that Muslims wed by Shariat Act, at that point registration and such Nikah Nama
gets proof legitimacy. In Christian, the marriage is solemnized according to the Indian Christian Marriage Act and registration of marriage is
compulsory. The procedure incorporates where the marriage was solemnized and the cleric who held marriage solemnized and other related
reports, at that point the registration is finished. In Parsi the marriage is solemnized by the Parsi Marriage and Divorce Act and was made
compulsory to register under such act.6

Andhra Pradesh Compulsory Registration of Marriages Act, 2002

1) Short title extent and commencement. - (i) This Act may be called the Andhra Pradesh Compulsory Registration of Marriages Act, 2002.
(ii) It extends to the whole of the State of Andhra Pradesh.

(iii) It shall come into force on such date as the State Government may, by notification, in the Andhra Pradesh Gazette, appoint.

Object & Reasons

2) Definitions. - In this Act, unless the context otherwise requires: -

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www.latestlaws.com
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www.indiacode.nic.in
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www.thehindu.com

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(a) "Marriages" include all the marriages performed by persons belonging to any caste or religion and also the marriages performed as per any
custom, practices or any traditions including the marriages performed in the tribal areas and the word "Marriages" also includes "remarriages".

(b) "Local Authority" means the Gram Panchayat or the Municipality or the Municipal Corporation, as the case may be;

(c) "Government" means the State Government of Andhra Pradesh;

(d) Any notification published in the Andhra Pradesh Gazette and the word "Notified" shall be construed accordingly;

(e) "Prescribed" means prescribed by rules made by the Government under this Act;

(f) "Public Servant" means any employee of the Government, a local Gram Panchayat, Mandal Parishad, Zilla Parishad. Municipality or
Municipal Corporation owned or controlled by the Government or any Government Agency;

(g) "Register" means a register of marriages maintained under this Act;

(h) "Memorandum" means a memorandum of marriage mentioned in Section 8;

(i) "Registrar" means a Registrar of marriages appointed by the Government under this Act;

(j) "Marriage Officer" means an Officer appointed under this Act;

(k) "Registrar General" means the Registrar General of Marriages appointed by the Government under this Act;

(l) The expression "custom and tradition" signifies any custom or tradition which, having been continuously and uniformly observed for a long
time, and prevalent in the force of law in any local area, tribal community etc;

(m) "Magistrate" means a Judicial Magistrate of First Class.

3) Application of other laws not barred. - Save as otherwise provided the provisions of this Act shall be in addition to and not in derogation of
any other law for the time being in force, except to the extent the provisions of other laws are inconsistent with, any provisions of this Act.4.
Registrar General of marriages. - (1) The State Government may, by notification in the official gazette, appoint a person known as Registrar
General of Marriages;7

(2) The State Government may appoint such officers with such designations as it thinks fit for purpose of discharging under the superintendence
and directions of the Registrar General of Marriages such functions of the Registrar General under this Act, as he may, think fit from time to
time authorise and delegate them to discharge such functions as may be prescribed.

5. District Registrar of Marriages. - (1) The State Government may appoint a District Registrar of Marriages for each District and such number
of Additional Deputy Registrars of Marriages as it thinks fit, who shall subject to the general control supervision and directions of the District
Registrar, discharge such functions of the District Registrar as the District Registrar may, from time to time, authorise them to discharge;

(2) The District Registrar of Marriages shall manage and supervise subject to the directions of the Registrar General of Marriages the registration
of marriages in the district and shall be responsible for carrying into execution in the district the provisions of this Act, and the orders of the
Registrar General of Marriages issued from time to time for the purpose of this Act.

6. Marriage Officer. - (1) The [Government or Local Authority] may appoint a Marriage Officer for each local area comprising the area within
the jurisdiction of a Municipal Corporation Municipality, Gram Panchayat or any other area or a combination of any two or more areas;

(2) Every Marriage Officer shall, enter in the Registrar of Marriages maintained for the purpose, all information given to him under Section 7 or
Section 8 and register the marriage;

(3) Every Marriage Officer shall have an office in the local area for which he is appointed.

(4) Every Marriage Officer shall attend his office for the purpose of registering the marriages on such days at such hours as the Registrar General
of Marriages or District Registrar of Marriages may direct and shall cause to be placed in some conspicuous place on or near the outer door of
the office of the Marriage Officer, a Board bearing in the local language, his name with the addition of "Marriage Officer" for the local area for
which he is appointed and the days and hours of his attendance.

CHAPTER II

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7. Every Marriage in State to be Registered. - (1) After the commencement of the Act, every marriage performed in the State shall be registered
[online or otherwise, as the case may be] under this Act in the manner provided in Section 8 notwithstanding the fact that the said marriage had
been entered in the Marriage Registers governed by the any other personal laws of the bride or bridegroom or customs and traditions.

(2) This Act does not apply to the marriages already registered with the Registrar of Marriages appointed by the Government.

8. Memorandum of marriage. - (1) The parties to a marriage either bride or bridegroom or their parents or guardian shall inform the Marriage
Officer about the factum of the marriage to be registered in the Form as prescribed in the schedule duly signed by the said person, within 30 days
from the date of the marriage in duplicate.

(2) The Memorandum shall be signed by the bride and bridegroom and two witnesses on each side of bride and bridegroom before the Marriage
Officer;

(3) The Marriage Officer shall maintain the Register of Marriages in the Form as provided in the Schedule and enter in the Register all the
information supplied to him in the memorandum and obtain the signatures of the bride and bridegroom and two witnesses on each side;

(4) On receipt of the memorandum of the factum of marriage or the proposed marriage and on payment of the such charges, the Marriage Officer
may go to the place specified within his jurisdiction and obtain the signatures of the bride and bridegroom and two witnesses on each side.

9. Memorandum of marriage presented after 30 days. - The memorandum of factum of marriage may be presented to the Marriage Officer after
expiry of a period of 30 days as specified in sub-section (1) of Section 8, and thereafter within a period of 60 days with the payment of fee of Rs.
100/- (one hundred only)

10. Penalty for neglecting to comply with the provisions of Sections 8 and 9 or for making false statement in memorandum. - Any person who,-

(1) Wilfully omits or neglects to get the marriage registered as required in Sections 8 and 9 shall be punished with fine which may extend to one
thousand rupees, or;

(2) Any person who makes any statement in the memorandum which is false in any material particulars and which he/she knows or has reason to
believe to be false, shall be punished with imprisonment for a term which may extend to one year or fine which may extend to one thousand
rupees or with both.

11. Penalty for failing to register the marriage. - Any Marriage Officer who fails to register a marriage pursuant to Section 8 shall be punished
with imprisonment for a term which may extend to three months or fine which may extend to five hundred rupees or with both.

12. Marriage Certificate to be given to the couple. - (1) The Marriage Officer shall, as soon as the registration of marriage has been completed,
give free of costs, to the couple a Marriage Certificate [or digitally signed Marriage Certificate, as the case may be] in the form as provided in
the Schedule under his hand and seal;8

(2) Such certificate issued by the Marriage Officer shall be the conclusive proof of the factum of the said marriage.

13. Marriage Officer to keep registers in the prescribed form. - (1) Every Marriage Officer shall keep in the prescribed form a Register of
Marriages for the registration area or any part thereof in relation to which he exercises jurisdiction.

(2) The Registrar General shall cause to be printed and supplied sufficient number of registers for making entries of marriages according to such
form and instructions as he may, from time to time prescribe, a copy of such forms in the local language shall be pasted in some conspicuous
place on or near the other door of office of every Marriage Officer.

14. Search of Marriages Register. - (1) Subject to any Rules made in this behalf by the State including the Rules relating to payment of fee, any
person may;(a) Cause a search to be made by the Marriage Officer for any entry in the Register of Marriages: and,

(b) Obtain an extract from such Register relating to marriages.(2) All extracts given under this section shall be signed by the Marriage Officer or
any other Officer authorised by the State Government to give such extracts and shall be admissible in evidence for the purpose of providing the
marriage to which the entry relates.9

15. Marriage Officers to send periodical returns to the District Registrar for compilation. - Every Marriage Officer shall send to the District
Registrar of Marriages or to any Officer specified by him, at such intervals and in such form as may be prescribed, a return regarding the entries
of marriages in the Register kept by such Marriage Officer.

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www.registration.telangana.gov.in

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16. Non-registration not to invalidate marriage. - No marriage performed in this State to which this Act applies shall be deemed to be invalid
solely by reason of the fact that it was not registered under this Act.

17. Offence under this Act triable summarily by a Magistrate. - An offence under this Act shall be tried summarily by the Judicial Magistrate of
First Class, in accordance with the procedure as laid down in the Code of Criminal Procedure, 1973.

18. Sanction for prosecution. - No prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by
Registrar (General, by general or special order in this behalf without his prior sanction.10

19. Registrars/Marriage Officers to be deemed public servants. - All Registrars of Marriages or Marriage officers and other officers appointed
under this Act, shall while acting or purporting to act in pursuance of the provisions of this Act or any rule or order made thereunder, shall be
deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

20. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Government, the Registrar
General, any Registrar or Marriage Officer or any person exercising any power of performing any duty under this Act, for anything in good faith
done or intended to be done in pursuance of this Act or any rule or orders made thereunder.

21. Power to make rules. - (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters,
namely:-

(a) the duties and powers of the Registrars of Marriages or Marriage Officers:

(b) the forms and the manner in which the registers or records required to be kept by or under this Act shall be maintained:

(c) the custody in which the registers and records are to be kept and the preservation of such registers and records: and

(d) the fee to be paid under the relevant provisions of the Act.

[(e) the automated marriage registration process.]

(3) Every rule made under the Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if
it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two
successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative
Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, form the date on which the modification
are annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity or anything previously due under that rule.

Conclusion
There is no provision in Hindu law for compulsory registration of marriage under section 8of the Hindu marriage act,1955 and section 8(5)
specifically states that inability to get your marriage registered does not affect the validity of the marriage. But the law needs to adapt to
changing times and developments, a plea for compulsory registration of marriage has been made by court in several cases. And hence the AP
compulsory registration of marriage act should be lauded.no-registration has landed many women in a relationship which while exacting all the
duties of a wife leaves her with neither the right nor the social recognition. In divorce or bigamy proceedings, a Hindu male can simply deny the
first or the second marriage on his whims and fancies. This put the woman in a vulnerable position. compulsory registration would check
fraudulent marriages and would also help to establish the paternity of a child.

Bibliography
https://indiacode.nic.in/bitstream/123456789/8613/1/act_15_of_2002.pdf
10
www.legalservicesindia.com

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http://www.bareactslive.com/AP/ap328.htm

https://lawsofindia.blinkvisa.com/downloadfile.php?lawid=1788&file=andhra_pradesh/2002/2002AP15.pdf&pageurl=%2Fsingle%2Falpha%2F18.html

https://www.thehindu.com/news/cities/Hyderabad/ap-ts-asked-to-ensure-compulsory-registration-of-marriages/article6242640.ece

https://lawcommissionofindia.nic.in/reports/Report270.pdf

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