@ Author
It seems your ld. Advocate followed correctly the State procedures. Still in doubt file an RTI since you are still a Indian Citizen and seek true copy extract from the Register.
GUJARAT REGISTRATION OF MARRIAGES ACT, 2006.
NOTIFICATIONHealth And Family Welfare Department Sachivalaya, Gandhinagar.Dated the 1st January, 2008.
No. GP / 2 of 2008 / LNK - 102006/302 (Part II) / Y:-
WHEREAS the draft rules were published as required by section 21 of the Gujarat Registration of Marriages ACT, 2006 (Guj. Act 16 of 2006), at pages 290-1 to 290-12 of the Gujarat Government Gazette, Extra Ordinary, Part-IV-B, dated the 7th September, 2006 under the Government Notification, Health and Family Welfare Department No.GP-19-of 2006-LNK-102006-302-Y, dated the 7th September, 2006 inviting objections or suggestions from all persons likely to be affected thereby for a period of 30 days from the dated of publication of the said Notification in the Official Gazette;
AND WHEREAS no objections or suggestions have been received by the Government from any person with respect to the aforesaid draft rules;
NOW, THEREFORE, in exercise of the power conferred by sub-section(10 of section 21 of the Gujarat Registration of Marriages Act, 2006 ( Guj. Act 16 of 2006), the Government of Gujarat hereby makes the following rules namely:-
1 Short Title.-- These rules may be called the Gujarat Registration of Marriages Rules, 2006.
2. Definitions. - (1) In these rules, unless the context otherwise requires –
(a) ‘Act’ means the Gujarat Registration of Marriages Act, 2006.
(b) ‘Form’ means Form appended to these rules.
(c) ‘Section’ means a section of the Act.
(d) ‘Table’ means a Table appended to these rules
(e) ‘Witness’ means any person who is present at the time of the solemnization of the marriage.
(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
3. Powers and duties of Registrar. - The Registrar of Marriages appointed by the State Government under sub-section (1) of section 3 of the Act, shall exercise all such powers and perform all such duties for carrying out the purposes of the Act, which inter-alia include the following, namely: -
(a) to verify the memorandum for registration of marriage to verify and identify parties and witnesses, issue certificate of registration of marriage and send the copies of entries in the Marriage Certificate Book to the Registrar- General.
(b) to call upon the parties to produce other information or documents, if deemed necessary refer the papers to the local police station for verification and to refuse to register the marriage.
(c) to send the duplicate copy of an order of refusal to register a marriage to the Registrar -General.
(d) to file the memorandum of marriage in the register of marriages and to maintain the same, and send the duplicate copy thereof to the Registrar- General.
(e) to provide certified copies of extracts of the register of marriages and all other certificates and orders issued or passed by him to the applicant.
(f) to act according to the directions issued by the State Government for the effective and smooth implementation of the provisions of the Act.
4. Procedure for Registration of Marriage.-- (1) Every memorandum for registration of marriage shall be in the form specified in the Schedule to the Act and shall be delivered or sent along with an application in Form “I”.
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(2) The memorandum shall be in duplicate, signed by the parties to the marriage. priest and two witnesses and accompanied by fees as prescribed in the Table and duly affixed by a court fee stamp or stamps of such value as may be prescribed by the State Government from time to time under the Bombay Stamp Act ,1958 ( Bom. LX of 1958 )
(3) The memorandum shall also be accompanied by the following documents namely: -
(a) copy of the ration card or identity card, if any issued by the Election Commission of India or any other documents like passport or identity card issued by the employer etc. to the parties and the witnesses;
(b) birth certificate or school leaving certificate of the parties;
(c) marriage invitation card, if any:
Provided that the Registrar may, in his discretion, allow any other documents to be submitted with the memorandum as sufficient proof for establishing, beyond reasonable doubt, the identity and residence of the parties and witnesses
(4) On presentation of the memorandum and after verification of the same and after being satisfied about the identity of the parties and witnesses, the Registrar shall make an endorsement as under, on the reverse side, and then paste the memorandum in the register of marriages which shall be in the form of a paste book consisting of blank butts serially numbered, beginning with figure "1".
The memorandum and the fee of Rs._____ were received by me on - - 20.... and the memorandum is filed at Serial No.____ of - - 20 on page _____ of volume_____ of the register of marriages maintained under the Gujarat Registration of Marriages Act ,2006 (Guj. 16 of 2006)
Dated the ______.day of ________,20 .
Signature _________________
Registrar of Marriages
(5) On filing the memorandum along with the application and completion of registration, the Registrar shall issue a Certificate of Registration of Marriage in Form “II’ either in person or sent it by post to the parties to the marriage.
(6) If the Registrar is of the opinion that the details given in memorandum and the documents or the papers submitted by the parties and witnesses do not establish, beyond reasonable doubt, the identity of the parties or the witnesses or both, the Registrar may, direct the parties, giving them reasonable time to furnish such other documents or papers as considered necessary by the Registrar for the grant of registration certificate. On furnishing of such papers or documents, the Registrar, on verification of such documents or papers, on being satisfied, may grant the Certificate of Registration of Marriage in Form “II’.
(7) In case the Registrar is not satisfied about the identity of the parties or the witnesses, or about the correctness of the statements made in the memorandum, the Registrar may, after hearing the parties and after recording the reasons, in writing, pass an order in Form “III’.refusing to register the marriage and send the duplicate copy thereof to the Registrar-General.
..............i am not fisherman but one the reason i posted this forum was b'coz the lawyer & Village officer i hired to held my marriage came to my uncles house and they said tht they are ready to pay half of the settlement amount while investigating further we found out tht there was something wrong in my marriage..............but now once again indian law consider "LIVE IN RELATIONSHIP" as husband and wife relationship then i guess it will be my last post for this particular forum declaring that i have got all necessary information which i think is enough to prove tht my marriage was held........i m not giving up though no settlement no maintenance let my hair grow grey........if she wants to come she is welcomed to stay with me !
