LALAN P.R. Vs. CHIEF REGISTRAR GENERAL OF MARRIAGES

JUDGEMENT

(1.) Lalan P.R married Aysha. They are the petitioners in this writ petition. The 1st petitioner Lalan is a Hindu by birth. The mother of the 2nd petitioner Ayisha is a Muslim. According to the petitioners, they are followers of the Hindu religion. The petitioners married following Hindu religious rites and customs. The 2nd Respondent the local Registrar (common) refused to register the marriage solemnized between the petitioners, as per the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter mentioned as "Rules 2008") with a reasoning that the registration of marriage is possible only if it is solemnized as per the marriage laws in force. It was also stated that since the petitioners' marriage was not conducted as per any personal laws of the parties or based on any statutory provisions, petitioners can register their marriage only as per the Special Marriage Act 1954. The grievance of the petitioners is that the 2nd Respondent rejected the request for registering their marriage as per the Rules 2008 because the 1st petitioner is a Hindu and the mother of the 2nd petitioner is a Muslim. The second Respondent also stated that, there is no evidence to show that the marriage was solemnized in accordance to any religious rites and customs. 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? Hypertechnical reasons for not registering marriages as per the Rules 2008 are to be deprecated. Therefore, a detailed consideration with respect the intention for framing the Rules 2008 is necessary to resolve the issue in this case.

(2.) The short facts, of the case, are as follows: According to the petitioners, their marriage was solemnized on 2/12/2001 at Lions Club Hall Kadavanthra, as per religious rites and customs, in the presence of friends and relatives of both the parties. Ext.P1 is the wedding invitation card. The petitioners are now living with their two children. The first petitioner is a Hindu by birth, and he belongs to the Dheevara community. The second petitioner's father hails from Dheevara community and her mother is from the Muslim community. The 2nd petitioner professes Hindu religion and follows the culture of Hindu community. Hence, it is stated in the writ petition that, the marriage was solemnized as per Hindu religious customs and rituals as agreed by both the families. Consequently, the petitioners decided to register their marriage under the Rules 2008 and submitted an application before the 2nd Respondent in Form No.1 on 2/12/2008 after remitting the prescribed fee. Ext.P2 is the application form. It is also submitted that they also furnished Form No.III with details of 2 witnesses to prove the solemnization of marriage as mandated under Rule 9(3) of the Rules 2008. Since, the 2nd petitioner's religion is shown in her SSLC Book as Muslim, the 2nd Respondent declined to register their marriage and sought clarification from the 1st Respondent, the Chief Registrar General of Marriages(common). The 1st Respondent, as per Ext. P4 informed that only marriages solemnized under any of the existing marriage laws could be registered under the Rules, 2008 and the petitioner's marriage was not solemnized and could be registered only under the Special Marriage Act 1954. Hence, this writ petition is filed challenging Ext.P4 order of the 1st Respondent and to issue appropriate directions to the 2nd Respondent to register the marriage of the petitioners under the Rules, 2008.

(3.) Heard counsel for the petitioners and the Government pleader. The counsel for the petitioners reiterated his contentions in the writ petition. The government pleader submitted that, for registering marriages, marriages should be either solemnized before a marriage officer appointed under any statutory provisions or solemnized as per religious rites. The Government pleader relied on the judgment of this Court in Sabu K.Eliyas V. State of Kerala and others(2014(1) KLT 804)