No: 4 Dated: Mar, 13 2018

The Jharkhand Compulsory Registration of Marriages Act, 2017

(Jharkhand Act No. 04, 2018)

    Currently there are Acts like Special Marriage Act, 1954, Hindu Marriage Act, 1955, Indian Christian Marriage Act, 1872, Anand Marriage Act, 1909, Kazis Act, 1880 for the registration of marriage of citizen of country. But under none of these Acts, the registration of marriage is compulsory. Compulsory Marriage Registration Act will do away the evils of child marriage and polygamy. Besides, it will strengthen the social condition of women in the society which will be in the interest of state as well as its citizens.

    Be it enacted by the legislature of the State of Jharkhand in the Sixty Eight Year of the Republic of India as follows:-

Chapter I

Preliminary

1. Short title, extent and commencement. - (a) This Act may be called the Jharkhand Compulsory Registration of Marriages Act, 2017.

(b) It shall come into force on such date as the State Government may by notification in the official Gazette, publish.

(c) It shall extend to the whole of Jharkhand State.

2. Application of the Act.- This Act applies to all marriages solemnized, on or after the coming into effect of this Act, wherein both or one of the parties is a citizen of India and resides in Jharkhand.

3. Definitions.- In the Act, unless the context otherwise requires.-

a) "Marriage" means and includes all marriages solemnized between a male and a female, irrespective of the religion or caste of either party to the marriage and also includes a remarriage under any of the following Act, custom or laws, namely :-

(i) the Special Marriage Act, 1954;

(ii) the Hindu Marriage Act, 1955 (25 of 1955);

(iii) the Indian Christian Marriage Act, 1872 (15 of 1872);

(iv) the Muslim Personal Law (Shariat) Application Act, 1937 (26 of 1937) ;

(v) the Anand Marriage Act, 1909 (7 of 1909);

(vi) the Kazis Act, 1880;

(vii) the Foreign Marriage Act, 1969; or

(viii) the Parsi Marriage and Divorce Act, 1936

(ix) any other custom or personal law relating to marriage.

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

(c) "Government" means Government of Jharkhand.

(d) "Foreign national" means any person who is not a citizen of India and shall include Persons of India Origin (PIO) and Overseas Citizens of India (OCI).

(e) "Register" means a register of marriages maintained under this Act.

4. 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.

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