Hindu Marriage Registration Act, 2012

Sections15

LanguageEnglish

The Hindu Marriage Registration Act, 2012 provides for the voluntary registration of Hindu marriages in Bangladesh. It applies to all Hindu marriages solemnised within the territory, though registration is not compulsory. The Act appoints Hindu Marriage Registrars, typically appointed from among prominent members of the Hindu community, to perform and register marriages. Key mechanisms include the procedure for marriage registration, the issuance of a marriage certificate, the maintenance of marriage registers, and the admissibility of marriage certificates as evidence. Notable provisions include the requirement that both parties consent to the marriage, provisions for the registration of marriages already solemnised under religious rites, and the authority of the Registrar to refuse registration if the marriage violates Hindu personal law. The Act represents a significant step in bringing Hindu marriages within the official registration system, though Hindu personal law itself remains governed by custom and precedent. The Act is currently in force.

Full text · showing key sections

§ 1Short title, application and commencement

(1)This Act shall be called the Hindu Marriage Registration Act, 2012.

(2)It shall apply to all Hindu religious followers residing in Bangladesh irrespective of citizenship.

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

* S.R.O. No. 30-Law/2013, dated 27 January 2013, the said Act came into force on 27 January 2013, corresponding to 14 Magh, 1419 Bengali calendar.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act,—

(a) "Hindu" means a citizen of Bangladesh who is a follower of the Hindu religion;

(b) "Hindu Marriage Registrar" means a Hindu Marriage Registrar appointed under section 4;

(c) "Hindu marriage" means a marriage solemnized and approved in accordance with the customary rites and ceremonies prevalent among Hindu religious followers;

(d) "prescribed" means prescribed by rules;

(e) "rules" means rules made under this Act;

(f) "District Registrar" means a Registrar appointed under the Registration Act, 1908, or any officer empowered by him.

§ 3Registration of Hindu marriage

(1)Notwithstanding anything contained in any other law, custom or practice, Hindu marriage may be registered in the manner prescribed by rules for the purpose of preserving documentary evidence of Hindu marriage.

(2)Notwithstanding anything contained in sub-section (1), the validity of any Hindu marriage solemnized in accordance with Hindu shastra shall not be prejudiced merely because such marriage is not registered under this Act.

§ 4Appointment of Marriage Registrar

(1)For the purpose of registration of Hindu marriage under this Act, the Government shall appoint one person as Hindu Marriage Registrar for such areas within the City Corporation area as may be determined by the Government from time to time, and for each upazila area outside the City Corporation area.

(2)Any person appointed under sub-section (1) shall be known as the Hindu Marriage Registrar for the purposes of this Act.

(3)The qualification for appointment as Hindu Marriage Registrar, jurisdiction, fees recoverable by the Hindu Marriage Registrar, and other related matters shall be determined by rules.

§ 5Prohibition on registration of Hindu marriage

Notwithstanding anything contained in any other law, any Hindu male below the age of twenty-one (21) years or any Hindu female below the age of eighteen (18) years shall not be eligible for registration under this Act if bound in marriage.

§ 6Mode of marriage registration

(1)After a Hindu marriage has been solemnized in accordance with Hindu religion, customs and ceremonies, the Hindu Marriage Registrar shall register the marriage in the prescribed manner upon application by either party to the marriage, for the purpose of preserving documentary evidence of such marriage.

(2)Any marriage solemnized in accordance with Hindu religion, customs and ceremonies before this Act comes into force may be registered upon application by either party to the marriage, in the prescribed manner, following the provisions of this Act.

§ 7Marriage registration fee, etc.

The Government may, from time to time, prescribe by rules the fee for registration of Hindu marriage, fee for inspection of registration books, and such other fees as may be necessary for supplying certified copies.

§ 8Duty of Marriage Registrar not to be deemed Government service

The appointment as Hindu Marriage Registrar under section 4 or the performance of duties of Hindu Marriage Registrar shall not be deemed to be Government service.

§ 9Restriction on accepting paid employment

No Hindu Marriage Registrar shall accept paid employment anywhere other than in institutions prescribed by rules for the area for which he has been appointed.

§ 10Inspection of registration books

Any person may, on payment of the prescribed fee, inspect the Hindu Marriage Registration books or obtain a copy of any marriage registration contained therein.

§ 11Preservation of registration books, etc.

(1)Every Hindu Marriage Registrar shall preserve the registration book in the prescribed form and manner.

(2)Every Hindu Marriage Registrar shall register marriages in the registration book mentioned in sub-section (1) with new serial numbers at the beginning of each year.

(3)Every Hindu Marriage Registrar shall keep the registration book maintained by him in a safe place until it is filled, and upon his leaving the area, or upon his appointment being cancelled or suspended, he shall immediately deposit the said registration book and other documents with the concerned District Registrar for safe custody.

§ 12Supply of certified copies of marriage registration

(1)In the case of registration of Hindu marriage under this Act, the Hindu Marriage Registrar shall supply a copy of the marriage registration within the time prescribed by rules, upon application by both parties to the marriage or their nominated representatives.

(2)The prescribed fee shall be payable for obtaining a copy of the marriage registration under sub-section (1).

§ 13Supervision, control, etc.

(1)Every Hindu Marriage Registrar shall perform his official and entrusted duties under the supervision and control of the District Registrar of the concerned district.

(2)The Inspector General shall have general supervision over the Hindu Marriage Registrars in respect of registration.

(3)The District Registrar may inspect the office of any Hindu Marriage Registrar within his local jurisdiction at any time.

ExplanationFor the purposes of this section, "Inspector General" means the Inspector General of Registration appointed under the Registration Act, 1908, or any officer empowered by him.

§ 14Suspension or cancellation of appointment

If the Government is satisfied that any Hindu Marriage Registrar is guilty of misconduct in the performance of his duties, or is unable or physically incapacitated to perform his duties, the Government may, by written order, suspend or cancel his appointment for a period not exceeding two years:

Provided thatno such order shall be passed without giving the Hindu Marriage Registrar an opportunity to show cause.

§ 15Power to make rules

The Government may, for the purpose of this Act, make rules by notification in the official Gazette.