The Tamil Nadu Registration of Marriages Act, 2009

What the Act governs

The Tamil Nadu Registration of Marriages Act, 2009 extends across Tamil Nadu and covers marriages performed under any applicable law, caste or religion, custom, usage or tradition, including remarriages. Registration is compulsory for marriages performed from the date on which the Act commences, even if the marriage has already been entered in a register maintained under the parties' personal law or custom.

The Tamil Nadu Registration of Marriages Act, 2009 states that commencement will be on a date appointed by the State Government through a notification.

Who is affected

The Tamil Nadu Registration of Marriages Act, 2009 primarily affects married couples, priests or other persons who perform marriages, witnesses and marriage registration officials. It also affects employers, government and quasi-government authorities, companies, public sector undertakings and local authorities when they are asked to update marital status, nominations or similar office records.

Registration process

Key requirements include:

• The parties must prepare the prescribed marriage memorandum in duplicate.
• The memorandum must be delivered or sent in the prescribed manner to the Registrar for the area where the marriage was performed.
• The normal filing period is within ninety days from the marriage date. A further sixty days is allowed with an additional prescribed fee.
• Both parties, the priest and two witnesses must sign the memorandum.
• The prescribed fee must accompany the memorandum.
• After registration, the Registrar must issue a registration certificate and maintain an official marriage register.

Refusal and appeals

A Registrar may refuse registration after hearing the parties and recording written reasons if the marriage, identities, witness details or marital status are not satisfactorily established. The Registrar may request more documents or refer papers to the local police station for verification.

A person affected by refusal may appeal to the District Registrar within thirty days. A delayed appeal may be admitted within a further thirty days for sufficient cause. A further appeal may be made to the Registrar-General within thirty days of receiving the District Registrar's order.

Records, proof and penalties

Any person may seek a register search or certified extract, subject to applicable rules and fees. Certified extracts are admissible as evidence to prove the recorded marriage.

Failure to submit the memorandum, knowingly providing materially false information, or contravening the Act or its rules may result in a fine of up to one thousand rupees. Destroying, concealing or fraudulently altering the register may result in imprisonment of up to two years, a fine of up to ten thousand rupees, or both. Non-registration alone does not invalidate a marriage.