The new law notifies DC's, DRO's, Tehsildars and NaibTehsildars for easy accessibility in cities, towns and tehsils. The Registrars so designated, shall upon scrutiny verify that the marriage between the parties has been performed in accordance with the personal law of parties to confirm their marital status and identities. A memorandum of marriage signed by the parties and their priest will be presented to the concerned Registrar within three months of marriage in the jurisdiction where the marriage was solemnized or where parties have temporary residence if they were married outside Punjab. Refusal to register shall be appealable and the Registrar may also suo moto or on notice call parties and register any marriage performed in his jurisdiction. Any erroneous or fraudulent entry in a marriage register may be corrected or cancelled after giving opportunity of hearing to persons concerned.

Non-Registration not to Invalidate Marriages

The new law states that no marriage shall be deemed to be invalid solely by the reason or the fact that it was not registered. This shortcoming is attributed to codified personal marriage laws of parties in India by which performance of essential ceremonies and not registration validates a marriage between parties. Hence, a State enactment cannot undo a law made by Parliament prescribing only ceremonies for recognition of a valid marriage. Consequently, resorting to compulsory registration may have to develop more as a accepted societal norm and practice for the law to gain recognition. Ailing the fact remains that Punjab has taken the lead to register NRI Marriages which will help in curbing matrimonial frauds to ameliorate the plight of ailing "Nowhere Holiday Wives". Punjab would do equally well if it were to constitute Family Courts in every district in Punjab under the existing Family Courts Act, 1984, to provide speedy justice to abandoned spouses and deserted children as well. Prevention is better than cure but redressal of issues arising out of a broken or limping matrimonial relationship must be remedied too simultaneously.

• Every marriage between parties who are Indian nationals or NRIs or foreign nationals solemnized or performed shall be registered.
• Foreign nationals will mean any person who is not an Indian citizen and shall include PIOs and OCIs.
• To avoid any ambiguity, term NRI has been defined in the new Act.
• Whenever any party is an NRI, his passport and foreign address details as also relevant particulars about him shall be entered both in the marriage register as well as the marriage certificate.
• Any marriage solemnized outside Punjab shall also be registered in Punjab. However, if any marriage is already registered elsewhere, it shall not be registered again in Punjab.
• A complete mechanism and procedure for registration has been laid down and identified with nominated Registrars of Marriages.
• The marriage to be registered shall have to be solemnized in accordance with the personal law of the parties to the satisfaction of the Registrar of Marriages concerned.

Non-registration will not invalidate the marriage as such because the new law is only for registration and cannot invalidate a marriage solemnized as per Central Laws.

• Department of Home Affairs and Justice
• Department of Legal and Lagislative Affairs