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The marriage officer had refused to register the marriage of a couple stating that it had not been performed as per the religious rites of the parties to the marriage as though the bride’s mother was a Muslim the marriage was conducted as per Hindu rites and customs.
Justice PV Kunhikrishnan of the Kerala High Court recently observed that the stand of a marriage registrar who denied registration of marriage of a couple where the bride and groom had mothers belonging to different religions was surprising.
He said, “I am surprised to see such a stand from the respondents. Even now, the authorities are reluctant to register marriages because of religious differences between the parties to a marriage. Then what is the purpose of saying that we are the followers of legends like Sree Narayana Guru and Ayyankali?”
The judge opined that hypertechnical reasons for not registering marriages as per the Kerala Registration of Marriages (Common) Rules, 2008 (the Rules 2008) are to be deprecated.
In view of the same, the single-judge bench issued a direction that hypertechnical defects shall not be raised by the Marriage Officers while dealing with applications for registration of marriage.
Court ordered the registry to forward a copy of the present judgment to the Secretary, Local Self Government Department directing that the Secretary shall issue a circular mentioning the dictum laid down in the judgment.
The marriage officer had denied registration of the petitioner couple’s marriage as per the Rules 2008 with a reasoning that the registration of marriage is possible only if it is solemnized as per the marriage laws in force and since the couple’s marriage was not conducted as per any personal laws of the parties or based on any statutory provisions, it could only be registered only as per the Special Marriage Act 1954.
However, the couple moved the high court against such refusal stating that both of them (the bride and groom) are followers of the Hindu religion and only their mothers were from different faiths i.e. Hindu and Muslim respectively. They also submitted that they married following Hindu religious rites and customs.
Court observed that the registration of marriage as per the Rules 2008 was denied only on the ground of some hypertechnical reason, therefore, a detailed consideration with respect to the intention for framing the Rules 2008 was necessary to resolve the issue in this case.
Referring to the directions of the Apex Court in Seema v. Ashwani Kumar (2006) based on which the Rules 2008 was framed by the Government of Kerala, court opined that “the Rules 2008 is mainly intended for the purpose of protecting the rights of women and children”.
Court further pointed out that as per Rule 6 of the Rules 2008, all marriages solemnized in the state after the commencement of Rules 2008 need to be compulsorily registered irrespective of the religion of the parties.
Court further highlighted one of its judgments wherein a circular issued by the State Government to the effect that marriages solemnized between persons belonging to two different religions could not be registered under the Rules 2008, had been quashed. (Deepu Dev and another v. State of Kerala and another 2012)
Court observed that “a reading of the Apex Court Judgment in Seema’s case (supra) which lead to the framing of the Rules, 2008, makes it clear that the registration of the marriage as per the Rules itself cannot be a proof of valid marriage and would not be the determinative factor regarding the validity of a marriage”.
In light of the same, court held that marriage registration as per the Rules, 2008 is only for the purpose of protecting the interest of the children born out of that marriage and to prove the age of the parties to the marriage.
Therefore, the court observed that “simply because the father or mother of one of the parties to a marriage belongs to a different religion, it is not a reason to reject an application submitted for registration of the marriage as per the Rules, 2008”.
Court further emphasized the secular nature of the country and said that the Local Registrar of Marriages (Common) appointed as per the Rules, 2008 should remember the teachings of social reformer ‘Sree Narayana Guru’ who said about Kerala that this is a place where people reside in brotherhood without any difference based on their caste and religion.
“While registering the marriage as per the Rules 2008, should remember that our Country is a secular Country giving liberty to all citizens to adopt their own religion and to follow their own rites, customs, and ceremonies,” the court said.
In view of the abovementioned discussion, court allowed the petition moved by the couple and directed the Local Marriage Registrar to register the marriage of the petitioners if the petitioners furnish a declaration from the authorities mentioned in Rule 9(3) of Rules 2008 to prove the solemnization of the marriage as per their religious rites and issue the necessary certificate in accordance to law as expeditiously as possible.
Case Title: Lalan PR & Anr. v Chief Registrar General of Marriage
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