Pondicherry Courts Can't Pass Orders On French Civil Code Or Otherwise Without Verifying Original Civil Court Records: Madras High Court

Criticising an additional sub court in Pondicherry for issuing directions on making alterations in the marriage register without verifying the original documents, Madras High Court observed that courts cannot pass orders without proper enquiry and by solely relying upon the copies of the documents presented by the litigants.

The single-judge bench of Justice S.M Subramaniam was hearing the plea made by a french citizen to correct her name as well as her parents' names in the marriage register. She submitted that she wasn't conversant in English and noticed the error only when an application was made for her daughter's citizenship.

Previously, the Additional Sub-Judge, Pondicheryy allowed the petitioner's plea and directed the Registrar of Births & Deaths, Oulgaret Municipality to carry out the rectifications sought. The correction was made by the Municipality pursuant to the court order. Thereafter, when the petitioner approached the Mylapore Registrar of Marriages, the petitioner's request to correct the errors in Marriage Certificate was disregarded.

Since Article 99 of the French Civil Code is applicable to the case before the High Court, Justice S.M Subramaniam enquired to the Additional sub judge about the procedure followed before issuing directions for rectification. The High Court wanted to ensure that the direction was given after verification of the original records usually made available in civil courts since the French Civil Code is enforced in the Union Territory of Pondicherry. The two reports submitted by the Additional Sub Judge in reply, however, revealed that the original records of birth, death and marriage of the petitioner and her parents were not present in the Central Record of District Court, Puducherry. As a result, the sub court solely relied upon the true extracts/ copies of the original documents produced by the petitioner.

"Such a practice of issuing an order by Courts can never be appreciated...Any such rectification of name or otherwise must be done by conducting a proper enquiry and after verifying the original Civil Court records if it is maintained with reference to the French Civil Code, which is enforceable in the Union Territory of Pondicherry. Once a petition is filed under Article 99 of the French Civil Code, the original records available with the French Civil Code must be verified and thereafter by conducting an enquiry appropriate orders must be passed", Justice S.M Subramaniam underscored.

"If such a process is followed, there is every possibility of abuse of process of law", the court expressed its concern about passing orders based on documents filed by the petitioner.

The court pointed out that even gazetted officers are demanding original documents before attesting the xerox copies. The court then went on to reprimand the additional sub court for not following the established procedures that must be followed by a civil court and for adopting procedures 'unknown to civil law'.

"Every Civil Court is expected to follow the established procedures even in an area where there is no specific procedures are contemplated", the court noted.

The learned Additional Advocate General had also remarked that Rule 13 - A of the Tamil Nadu Hindu Marriage (Registration) Rules, 1967, also mandates a strict procedure for correction of names/ entries in the register. The Rule lays down that any alteration in the entries require the prior sanction of Registrar General and such approved alteration can be made only by a note in the footnote of the document and not otherwise.

Setting aside the Additional Sub Court's direction for rectification, the High Court granted the petitioner liberty to approach the competent court to adjudicate the issue on merits with reference to the original records.

The court also gave a strict warning to the subordinate courts at Pondicherry:

"However, it is made clear that the Courts at Pondicherry are restrained from issuing any such orders without conducting any enquiry and without verifying original Civil Court records with reference to the French Civil Code or otherwise. Merely based on the copies filed by the petitioners, the Court cannot pass orders without conducting any trial or enquiry. Such a procedure is known to law and cannot be approved by this Court", the court warned the trial courts concerned and instructed them to entertain and adjudicate such applications only after verification of original documents.

Case Title: Gnanaloussany Valmy v. The Registrar of Marriages 

Case No: W.P.No.22307 of 2013

Citation: 2022 LiveLaw (Mad) 65

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