The Himachal Pradesh Registration of Marriages Act, 1996

THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES 
ACT, 1996 
ARRANGEMENT OF SECTIONS 
Sections: 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER-II 
REGISTRATION ESTABLISHMENT 
3.  Chief Registrar of Marriages. 
4. District Registrars of Marriages. 
5. Registrar of Marriages. 
CHAPTER -III 
REGISTRATION OF MARRIAGES 
6. Every marriage to be registered. 
7. Memorandum of marriage. 
8. Memorandum of marriages submitted after 30 days. 
9. Places of registration of marriages. 
10. Voluntary registration of marriages contracted in areas in which 
this Act is not applicable. 
11. Registration of foreign marriages.  
12. Non-registration not to invalidate marriages. 
CHAPTER IV 
MAINTENANCE OF REGISTERS AND RECORDS AND 
CORRECTIONS THEREOF 
13. Maintenance of registers in the prescribed forms. 
14. Correction or cancellation of entry in the marriage register. 
15. Search of marriage registers. 
CHAPTER-V 
PENALTIES 
16.  Penalty for neglecting to comply with provisions of section 7 or 
making any false statement in the memorandum. 
17. penalty for failing to file memorandum. 
2  THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996 
18. Penalty for secreting, destroying or altering marriage register. 
CHAPTER VI 
MISCELLANEOUS 
19. Registrar to be public servants. 
20. Indemnity to persons acting under this Act. 
21. Previous sanction of the Government. 
22. Power of State Government to make rules. 
23. Provisions not to be derogatory to certain laws. 
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THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES 
ACT, 1996 
(ACT NO. 21 OF 1997)1 
(Received the assent of the President of India on the 22nd September, 
1997 and was published both in Hindi and English in the Rajpatra, Himachal 
Pradesh (Extra-ordinary), dated 18th October, 1997, pp. 4191-4209) 
An Act to provide for registration of marriages and for certain other 
matters connected therewith. 
 Amended, repealed or otherwise effected by.- 
H.P. Act No. 13 of 20062, assented to by the  Governor on the 10th 
October, 2006, published both in Hindi and English in Rajpatra, 
Himachal Pradesh (Extra-ordinary), dated 15th July, 2006, pp. 
1811-1814. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Forty-seventh Year of Republic of India, as follows:- 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Registration  of Marriages Act, 1996. 
(2) it extends to the whole of the Himachal Pradesh. 
(3) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
                                                      
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see Rajpatra, Himachal Pradesh (Extra-ordinary), dated 5th 
December, 1996 pp. 5462 and 5471. 
2.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see Rajpatra, Himachal Pradesh (Extra-ordinary), dated 2nd 
March, 2006, pp. 7556 and 7558. 
THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996   3 
2. Definitions.- In this Act, unless there is anything repugnant in the 
subject or context,- 
(a) “Chief Registrar Marriages” means the Chief Registrar of 
Marriages appointed by the ‘State Government under 
section 3 of this Act; 
(b) “to contract a marriage” means to solemnize or enter into a 
marriage in any form or manner; 
(c) “District Registrar of Marriages” means the District 
Registrar of Marriages appointed by the State Government 
for a District under section 6 of this Act; 
1[(cc) “Magistrate” means the Executive Magistrate appointed by 
the State Government under section 20 of the Code of 
Criminal Procedure;] 
(d) “marriage ” includes re-marriage; 
(e) “marriage register” means a register of marriages 
maintained under this Act; 
(f) “Priest” means any person who solemnises a marriage; 
(g) “Registrar of Marriages” means a Registrar of Marriages 
appointed by the State Government under section 5 of this 
Act; 
(h) “Schedule” means the Schedule to this Act. 
CHAPTER-II 
REGISTRATION ESTABLISHMENT 
3. Chief Registrars of Marriages.- (1) The State Government shall, 
by notification in the Official Gazette, appoint a Chief Registrar of Marriages 
for the State. 
(2) The State Government may also appoint such other officers with 
such designations as it thinks fit for the purpose of discharging under the 
superintendence and direction of the Chief Registrar of Marriages, such of 
his functions as he may, from time to time, authorise them to discharge. 
(3) The Chief Registrar of Marriages shall be the Chief Executive 
authority in the State for carrying into execution the provisions of this Act 
and the rules and orders made thereunder subject to the directions, if any, 
given by the State Government. 
(4) The Chief Registrar of Marriages shall take steps, by the issue of 
suitable instructions or otherwise, to co-ordinate, unify and supervise the 
work of registration in the State for securing an efficient system of 
registration and shall prepare and submit to the State Government, in such 
                                                      
1.  Clause (cc) inserted vide Act No. 13 of 2006.  
4  THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996 
manner and at such intervals as may be prescribed, a report on the working 
of this Act in the State. 
4. District Registrars of Marriages.- (1) The State Government may 
appoint a District Registrar of Marriages for each revenue District and such 
number of Additional District Registrars of Marriages as it thinks fit, who 
shall, subject to the general control and direction of the District of Registrar 
Marriages discharge such functions of the District Registrar of Marriages, as 
the District Registrar of Marriages may from time to time authorise them to 
discharge. 
(2) The District Registrar of Marriages shall superintend, subject to 
the direction of the Chief Registrar of Marriages, the registration of 
marriages and shall be responsible for carrying into execution in the District 
the provisions of this Act and the orders of the Chief Registrar of Marriages 
issued from time to time for the purposes of this Act. 
5. Registrar of Marriages.- (1) The State Government may appoint a 
Registrar of Marriages for each local area comprising the area within the 
jurisdiction of a tehsil or taluka or a municipal corporation, municipality or a 
cantonment board or any other local authority or a combination of any two or 
more of them; 
Provided that the State Government may appoint in the case of 
municipal corporation, municipality or other local authority, any officer or 
other employees thereof as a Registrar of Marriages under this Act. 
(2) Every Registrar of Marriages shall, without fee or reward, enter in 
the Marriage Register maintained under this Act and shall also take steps to 
inform himself carefully of every marriage, which takes place in his 
jurisdiction and to ascertain and register the particulars required to be 
registered. 
(3) Every Registrar of Marriages shall have an office in the local area 
for which he is appointed. 
(4) Every Registrar shall attend his office for the purpose of 
registering marriages on such days and at such hours as the Chief Registrar 
of Marriages may direct and shall cause to be placed in conspicuous place on 
or near the out door of the office of the Registrar of Marriages a board 
bearing, in the local language, his name with the addition of Registrar of 
Marriages for the local area for which he is appointed, and the days and 
hours of his attendance. 
CHAPTER-III 
REGISTRATION OF MARRIAGES 
6. Every marriage to be registered.- After the date on which the 
provisions of this Act have been  brought into force in any area under sub-
section (3) of section 1, every marriage contracted in Himachal Pradesh shall 
be registered in the manner provided in section 7 of this Act. 
THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996   5 
7. Memorandum of marriage.- (1) The parties to a marriage or their 
fathers or guardians when  they shall not have completed the age of 21 years, 
shall prepare and sign a memorandum in the form in the Schedule and shall 
deliver or send by registered post the said memorandum in duplicate to the 
Registrar of Marriages of the area, within a period of 30 days from the date 
of the marriage: 
Provided that where the marriage is contracted without the consent of 
the father or guardian of a party, such party and not the father or guardian 
shall comply with the provisions of this sub-section. 
(2) The memorandum shall also be signed by the officiating priest, if 
any and where such marriages is solemnised before a Marriage Officer, the 
memorandum shall be supported by certified copies of the entries made in 
the Marriage Certificate Book being maintained by the said Marriage Officer 
under any other enactment for the time being in force.  
(3) The Memorandum shall be accompanied by a fee of rupees five.  
(4) On receipt of the Memorandum, the Registrar of Marriages shall 
file the same in the marriage register maintained by him and shall send the 
duplicate copy thereof to the Chief Registrar of Marriages.  
8. Memorandum of marriages submitted after 30 days.- (1) A 
memorandum, accompanied by a fee, not exceeding rupees ten as may be 
prescribed, regarding any particular marriage may be, submitted to the 
Registrar of Marriages after the expiry of period of 30 days specified under 
sub-section (1) of section 7 and the Registrar of Marriages shall file the same 
in the marriage register maintained by him and shall also send the duplicate 
copy thereof to the Chief Registrar of Marriages as provided in section 7. 
(2) Nothing in sub-section (1) shall affect the liability of any person 
who has wilfully omitted or neglected to deliver or send the memorandum 
within the period specified in sub-section (1) of section 7 to any penalty 
under section 16 of this Act. 
(3) Any marriage of which delayed information is given to the 
Registrar of Marriages after ninety days but within one year of `its 
occurrence shall be registered only with the written permission of the 
prescribed authority and on payment of prescribed fee and production of an 
affidavit made before a Notary Public or any other officer authorised by the 
State Government in this behalf. 
(4) Any marriage which has not been registered within one year of its 
occurrence, shall be registered only on an order made by a Magistrate of the 
First Class after verifying the correctness of marriage and on payment of the 
prescribed fee: 
Provided that nothing contained in this sub-section shall apply to the 
registration of a foreign marriage under section 11. 
9. Places of registration of marriages. - The registration shall be 
affected in the office of the Registrar of Marriages within whose jurisdiction 
6  THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996 
the marriage was solemnised or within whose jurisdiction, either or both 
parties to the marriage have their permanent place of residence or at any 
place outside his office provided there is any application in writing in this 
behalf and signed by either of the parties to the marriage and the additional 
fee prescribed therefor is paid and the hour is not unreasonable. 
10. Voluntary registration of marriages contracted in areas in 
which this Act is not applicable.- (1) In any area in which the provisions of 
this Act are not in force the parties to a marriage contracted in that area, or 
that their fathers or guardians when they shall not have completed the age of 
21 years,  may if they so desired, prepare and sign a memorandum in the 
form in the Schedule and deliver or send by registered post the said 
Memorandum in duplicate to such Registrar of Marriages, as the State 
Government may, from time to time by notification in the Official Gazette, 
specify in this behalf.  
(2) The Memorandum shall also be signed by the officiating priest, if 
any, and where such marriage is solemnised before a Marriage Officer, the 
memorandum shall be supported by certified copies of entries made in the 
Marriage Certificate Book being maintained by the said Marriage Officer 
under any other enactment for the time being in force. 
(3) The Memorandum shall be accompanied by a fee of rupees five if 
it is sent or delivered within a period of 30 days from the date of marriage 
and a fee, not exceeding rupees ten, as may be prescribed if it is sent or 
delivered after the expiry of 30 days from the date of marriage. 
(4) On receipt of any such memorandum, the Registrar of Marriages 
shall file the same in the Marriage Register maintained by him and shall send 
the duplicate copy thereof to the Chief Registrar of Marriages as provided in 
section 7. 
11. Registration of foreign marriages.- (1) Where - 
(a)   the Chief registrar of Marriages is satisfied that a marriage 
has been duly solemnized in a foreign country in accordance 
with the law of that country between the parties of whom one 
at least was a citizen of India; and 
(b)  a party to the marriage submits a Memorandum in the form 
given in the Schedule, along with a certificate from the Indian 
Consulate, in the country where marriage has been 
solemnised, that the marriage is valid and has been duly 
solemnised, and informs the Chief Registrar of Marriages, 
that he or she desires the marriage to be registered, the Chief  registrar of 
Marriages may upon payment of prescribed fee, register the marriage. 
(2) No marriage shall be registered under this section unless at the 
time of registration it satisfies the conditions laid down in section 4 of the 
Foreign Marriage Act, 1969. 
THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996   7 
(3) The Chief Registrar of Marriages may, for reasons to be recorded 
in writing, refuse to register a marriage under this Act on the ground that in 
his opinion the marriage is inconsistent with international law or the comity 
of nations. 
(4) Where the Chief Registrar of Marriages accepts the application, 
he shall, cause the marriage to be registered. 
(5) Where a party to a marriage happens to be outside India and he 
returns to India with a view to settling therein, he may, at any time within 60 
days from the date of their arrival in India, get the marriage registered under 
this Act in the same manner as if the marriage has been solemnised in India 
and the provisions of section 8 shall apply to such a marriage after the expiry 
of the said period of 60 days. 
12. Non-registration not to invalidate marriages.- No marriage 
contracted in the areas to which this Act  applies shall be deemed to be 
invalid solely by reason of the fact that it was not registered under this Act or 
that the memorandum was not delivered or sent to the Registrar of Marriages 
or that such memorandum was defective, irregular or incorrect. 
CHAPTER-IV 
MAINTENANCE OF REGISTERS AND RECORDS AND 
CORRECTIONS THEREOF. 
13.  Maintenance of  registers in the prescribed forms.- (1) Every 
Registrar of Marriages shall keep in the prescribed form a register of 
marriages for the registration area or any part thereof in relation to which he 
exercises jurisdiction. 
(2) The Chief Registrar of Marriages shall cause to be printed and 
supplied a sufficient number of register books for making entries of 
marriages according to such forms and instructions as may, from time to 
time, be prescribed; and a copy of such forms in the local language shall 
posted in some conspicuous place or near the outer door of the office. 
14.Correction or cancellation of entry in the marriage register.- 
If it is found to the satisfaction of the Registrar of Marriages that any entry of 
a marriage in any register kept by him under this Act is erroneous in form or 
substance, or has been fraudulently or improperly made, he may subject to 
such rules as may be made by the State Government with respect to the 
condition on which and the circumstances in which such entries may be 
corrected or cancelled, correct the error or cancel the entry by suitable entry 
in the margin, without any alteration of the original entry, and shall sign the 
marginal entry and thereto add the date of the correction or cancellation. 
15. Search of marriage registers.-  (1) Subject to any rules made in 
this behalf by the State  Government including rules relating to the payment 
of fees and  postal charges, any person may- 
(a) cause a search to be made by the Registrar of Marriages for 
any entry in a register of marriages; and  
8  THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996 
(b)  obtain an extract from such register relating to any marriage. 
(2) All extracts given under this section shall be certified by the 
Registrar or any other officer authorised by the State Government to give 
such extracts as provided in section 76 of the Indian Evidence Act, 1872 and 
shall be admissible  in evidence for the purposes of proving the marriage to 
which it relates. 
CHAPTER V 
PENALTIES 
16. Penalty for neglecting to comply with the provisions of 
section 7 or making any false statement in the memorandum.- Any 
person who- 
(i) Wilfully omits or neglects to deliver or send memorandum as 
required by section 7; or 
(ii) makes any statement in such memorandum which is false in 
material particular, and which he knows or has reason to 
believe to be false. 
shall on conviction, be punished with fine which may extend to two hundred 
rupees. 
17. Penalty for failing to file memorandum.- Any Registrar of 
Marriages, who fails to file the memorandum pursuant to section 7 shall, on 
conviction, be punished with rigorous imprisonment for a term which may 
extend to three months or with fine which may extend to five hundred rupees 
or with both. 
18. Penalty for secreting, destroying or altering marriage 
register.- Any person secreting, destroying, or dishonestly or fraudulently 
altering the marriage register or any part thereof shall, on conviction, be 
punished with imprisonment for a term which may extend to two years, and 
shall also be liable to fine. 
CHAPTER-VI 
MISCELLANEOUS 
19. Registrars to be public servants.- The Chief Registrar of 
Marriages, District Registrars of Marriages, Additional District Registrars of 
Marriages, Registrars of Marriages and other officers appointed under this 
Act, shall be deemed, while acting or purporting to act in pursuance of any of 
the provisions of this Act, to be public servants within the meaning of section 
21 of the Indian Penal Code. 
20. Indemnity to persons acting under this Act.- No suit, 
prosecution or other legal proceeding shall be instituted against any person for 
anything which is in good faith  done or intended to be done under this Act.  
THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996   9 
21. Previous sanction of the Government.- No prosecution for any 
offence punishable under this Act shall be instituted except with the previous 
sanction of the State Government. 
22. Power of State Government to make rules.- (1) The State 
Government may, by notification in the Official Gazette, and subject to the 
condition of previous publication, make rules for carrying out the purposes of 
this Act- 
(a) the terms and conditions of appointment; and duties and 
powers of the Chief Registrar of Marriages, District 
Registrars of Marriages, Registrars of Marriages,  and other 
officers and staff appointed to assist them; 
(b) the forms and manner in which registers or records, required 
to be kept by or under this Act, shall be maintained; 
(c) the custody in which the registers and records are to be kept 
and the preservation of such registers and records; 
(d) the fees to be paid under this Act; and  
(e) any other matter which is to be, or may be, prescribed by the 
State Government under this Act. 
(3)  Every rule made under this section shall be laid, as soon as may 
be after it is made, before the State Legislative Assembly, while it is in 
session, for a total period of fourteen days which may be comprised in one 
session or in two or more successive sessions, and if, before the expiry of the 
session immediately following the sessions or the successive sessions 
aforesaid, the Assembly agrees in making any modification in the rule or 
agrees that the rules should not be made, the rule shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, 
however, that any such modification or annulment shall be without prejudice 
to the validity of anything previously done under that rule. 
23. Provisions not to be derogatory to certain laws.- The 
provisions of this Act shall be in addition to, and not in derogation of the 
provisions of the Special Marriage Act, 1954, the Indian Christian Marriage 
Act, 1972, the Parsi Marriage and Divorce Act, 1936 and Foreign Marriage 
Act, 1969. 
_________________ 
THE SCHEDULE 
FORM 
(See section 7) 
MEMORANDUM OF MARRIAGE 
1. Date of marriage. 
2. Place of marriage (with sufficient particulars to locate the 
place). 
10  THE HIMACHAL PRADESH REGISTRATION OF MARRIAGES ACT, 1996 
3. (a) Full name of the bridegroom. 
(b) His age. 
(c)  Usual place of residence. 
(d) Address. 
(e) Status of the bridegroom at the time of marriage (whether 
unmarried/widower/divorced/married, if so, how many 
wives are alive.) 
(f)  Signatures of the bridegroom with date. 
4. (a) Full name of the bride. 
(b) Her age. 
(c)  Usual place of residence. 
(d) Address. 
(e) Status of the bride at the time of marriage (whether 
unmarried/widow/ divorced/ married, if so, husband is 
alive) 
(f) Signatures of the bride, with date. 
5. (a)  Full name of the father or guardian of the bridegroom. 
(b) His age. 
(c) Usual place of residence. 
(d) Address. 
(e) Signature of the father or guardian of the bridegroom with 
date. 
6. (a)  Full name of the father or guardian of the bride. 
(b) His age. 
(c) Usual place of residence. 
(d) Address. 
(e) Signature of the father or guardian of the bride, with date. 
7. (a) Full name of the officiating priest. 
(b) His age. 
(c) Usual place of residence. 
(d) Address 
(e) Signatures of the officiating Priest, with date. 
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