Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008. 

Justice P. V. Kunhikrishnan observed, "The only condition for the registration of the marriage as per Rule 6 of the Rules, 2008 is that the marriage is to be solemnized. Religion of the parties is not a consideration for registering marriages."

It added 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.

...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. Kerala is a State, where the Great reformers like "Sree Narayana Guru and Ayyankali" lived and they propagated the principle of secularism. It is unfortunate that nowadays there is an attempt to hijack the names of these legends by certain caste group as if they are their caste leaders. That should not be permitted. They are the reformers of our country. They are the leaders of all citizens of this country irrespective of the religion and caste. Social reformers of different religions should not be caged in their religion or caste at the instance of certain groups. If it happens, we will be insulting those legends.

The Writ Petition was moved by a married couple. The first petitioner is a Hindu by birth, and the mother of the 2nd respondent is a Muslim. However, according to the petitioners, they are following Hindu Religious rites and customs.

The grievance of the petitioners was that the Local Registrar (Common) refused to register their marriage under the Kerala Registration of Marriages  (Common) Rules, 2008, citing that the registration of marriage is possible only if it is solemnized as per the marriage law in force. It was stated that since the petitioner's marriage was not conducted as per any personal law of the parties or based on any statutory provisions, the petitioners could only register their marriage as per the provisions of the Special Marriage Act, 1954. 

It was submitted by the petitioners that the 2nd petitioner's (wife) father hails from Dheevara community and the mother of the 2nd petitioner is from the Muslim community, and the 2nd petitioner professes Hindu Religion and the petitioner's marriage was solemnized as per the Hindu religious rites and customs in the presence of friends and family.

Government Pleader, Advocate K M Faisal relying on the Kerala High Court decision in the case of Sabu K. Eliyas v. State of Kerala and others, 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 Court, after perusing the Rules 2008, pointed out that as per Rule 6 of the Rules 2008, all marriages solemnized in the state after the commencement of the rules shall be compulsorily registered irrespective of the religion of the parties. For registration of marriage, the 'solemnization of the marriage is necessary'. However, the Court pointed out that Rule 6 clearly states that registration is irrespective of the religion of the parties. 

...a reading of Rule 6 will show that all marriages solemnized in the state after the commencement of the Rules 2008 is to be registered compulsorily irrespective of the religion of the parties. Therefore, for registration of the marriage under Rule 6, "solemnization of the marriage" is necessary. But in Rule 6, it is clearly stated that the registration is irrespective of the religion of the parties. 

Relying on the Apex Court decision in Bhauro Shankar Lokhande & Anr v. State of Maharashtra & Anr., the Court clarified that the word 'solemnize' in connection with marriage means to celebrate the marriage with proper ceremonies and in due form. Therefore, the Court opined that 'solemnization of marriage' means to celebrate the marriage with proper ceremonies with the intention that the parties should be considered to be married.

Therefore, the Court observed that the marriages which are solemnized alone can be registered as per the Rules, 2008.

Furthermore, the Court pointed out that when a circular was issued by the Government to the effect that marriages solemnized between persons belonging to two different religions can not be registered under the Rules 2008, the Kerala High Court in had held that the circular to that effect is repugnant and contrary to the provisions contained in the Rules, 2008.

The Court thereby rejected the contentions raised by the Government Pleader and observed that in the decision relied on by the Government Pleader, it only states that for the purpose of registration under the Rules, 2008, the marriages should either be solemnized before a marriage officer or as per religious rites. 

Therefore, the Court observed that simply because the father or mother of one of the parties to a marriage belongs to a different religion, the application for the registration of marriage under Rules 2008 can not be rejected.

However, it made it clear that registration of the marriage as per the Rules itself cannot be a proof of valid marriage, but it is for 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.

In this instant case, where the petitioners professed Hindu religion and follow the culture of the Hindu community and their marriage was solemnized as per the Hindu Religious customs and rituals as agreed by both families and therefore the Court opined that it failed to see a reason for the refusal to register the marriage as per Rules 2008.

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, remarked the Court.

The Court thereby allowed the Writ Petition and directed the Local Registrar of Marriages (Common) to register the marriage of the petitioners, as the only condition for the registration of the marriage as per Section 6 of the Rules 2008 is that marriages must be solemnized and religion of the parties is not a consideration for registering marriages.

Case Title: Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr. 

Citation: 2022  LiveLaw (Ker) 520

Click Here To Read/Download The Order