Tamil Nadu Registration of Marriages Act and Rules Amendments, 2020
The Home (Courts-IV) Department issued Government Order (Ms) No. 80 and Government Order (Ms) No. 81, both dated 7 February 2020, and the Tamil Nadu Registration Department circulated the resulting amendments on 25 February 2020. The amendments took effect on 7 February 2020 and change the definition of a priest, permit postal submission of a marriage memorandum in special circumstances, and prescribe a fee of Rs. 1,150 when submission occurs after 150 days from the marriage.
Scope and commencement
Government Order (Ms) No. 80 of the Home (Courts-IV) Department, dated 7 February 2020, brought the Tamil Nadu Registration of Marriages (Amendment) Act, 2017 into force from that date. Government Order (Ms) No. 81 of the same department, also dated 7 February 2020, amended the Tamil Nadu Registration of Marriages Rules, 2009.
The Head of the Tamil Nadu Registration Department circulated these changes on 25 February 2020 to registration officials, including District Registrars and Sub-Registrars, and directed that they be displayed for public awareness.
Who is affected
The amendments affect parties applying to register a marriage in Tamil Nadu, particularly when they cannot submit the marriage memorandum personally or when more than 150 days have passed since the marriage.
They also guide Registrars and Sub-Registrars when deciding whether to permit postal submission and when collecting the prescribed late submission fee.
Key changes
- A priest is defined as any person who performs a marriage according to custom, usage or any law currently in force. The earlier reference to a person who is present at the marriage has been removed.
- Personal delivery remains the normal method for submitting the marriage memorandum.
- If the parties cannot present the memorandum personally, they may make a written request explaining the special circumstances that prevent personal submission.
- The written request must be accompanied by a duly attested affidavit supporting the stated circumstances.
- The Registrar must record the special circumstances and may then permit submission by Registered Post with Acknowledgement Due or Speed Post with Acknowledgement Due.
- If the marriage memorandum is delivered or sent after 150 days from the date of marriage, it may be submitted with a fee of Rs. 1,150.
Practical significance
The amended procedure provides a formal postal option, but postal submission is not automatic. The parties must first explain why they cannot appear personally, provide an attested affidavit, and obtain the Registrar's permission.
The document concerns registration of marriages. It does not state any change to land registration, property ownership or stamp duty.
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Common questions
Can I send my marriage registration memorandum by post instead of visiting the Registrar?
Only in special circumstances. You must make a written request, provide a duly attested affidavit, and obtain the Registrar's permission to use Registered Post with Acknowledgement Due or Speed Post with Acknowledgement Due.
What happens if more than 150 days have passed since my marriage?
The memorandum may still be delivered or sent after 150 days, along with a fee of Rs. 1,150.
Who qualifies as a priest under the amended law?
A priest is any person who performs a marriage according to custom, usage or any law currently in force.
Do these amendments change property registration or stamp duty?
The document addresses only registration of marriages. It does not state any change to property registration, land ownership or stamp duty.
