Tamil Nadu Registration of Marriages (Amendment) Act, 2020
The Inspector General of Registration, Tamil Nadu Registration Department, issued official guidance bearing number 13375/G2/2020 dated 21 November 2020, explaining the Tamil Nadu Registration of Marriages (Amendment) Act, 2020. The amendment, effective from 21 October 2020, allows a marriage to be registered either where it was performed or in the registration jurisdiction where either or both parties permanently reside.
What the amendment does
The Tamil Nadu Registration of Marriages (Amendment) Act, 2020 changes the territorial jurisdiction available for registering a marriage under the Tamil Nadu Registration of Marriages Act, 2009. It gives couples an additional place where they may register their marriage.
The amendment was published as Tamil Nadu Act 33 of 2020 in the Tamil Nadu Government Gazette Extraordinary No. 433 dated 21 October 2020. The Act received the Governor's assent on 20 October 2020 and came into force at once. The Tamil Nadu Registration Department guidance states that the change has been in effect from 21 October 2020.
Where a marriage may be registered
The amended provision permits marriage registration with the appropriate Sub-Registrar in either of the following jurisdictions:
- The jurisdiction where the marriage was performed.
- The jurisdiction where either party to the marriage has their permanent place of residence.
- The jurisdiction where both parties have their permanent place of residence.
The statutory wording refers to the permanent residence of “either or both” parties. This means the couple is not limited only to the Sub-Registrar's Office covering the place where the marriage ceremony took place.
Who is affected
The Tamil Nadu Registration of Marriages (Amendment) Act, 2020 affects people seeking to register a marriage in Tamil Nadu and the Registration Department officials who process those registrations. It may assist couples whose permanent residence falls within a different registration jurisdiction from the place of marriage.
The guidance was circulated to all Deputy Inspectors General of Registration, District Registrars and Sub-Registrars. The Registration Department also directed that the change be displayed on office notice boards so that the public would be informed.
Administrative implementation
The Inspector General of Registration sent a copy to Tata Consultancy Services for appropriate changes to the STAR 2.0 software. The Home (Courts-VIA) Department had earlier forwarded the Gazette publication to the Inspector General of Registration for information and necessary action.
The document concerns marriage registration jurisdiction. It does not set out any land registration rule, stamp duty rate or marriage registration fee.
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Common questions
Can I register my marriage where I permanently live instead of where the wedding took place?
Yes. From 21 October 2020, registration may be completed in the jurisdiction where either or both parties have their permanent place of residence, or where the marriage was performed.
Must both spouses permanently reside within the same Sub-Registrar's jurisdiction?
No. The amended wording covers the permanent place of residence of either or both parties.
When did the expanded marriage registration jurisdiction take effect?
The Registration Department guidance states that the amendment took effect from 21 October 2020.
Does this document change stamp duty or land registration requirements?
No such change is stated. The document addresses where marriages may be registered and does not specify any land registration requirement, stamp duty rate or marriage registration fee.
