Kerala High Court slams registrars for refusing to register inter-faith marriage

Ernakulam: The Kerala High Court on Wednesday held that the religion of parties is not a relevant ground to be considered while registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008 [Lalan PR & Anr. v Chief Registrar General of Marriage].

Justice PV Kunhikrishnan, while holding so, reminded the registrars in charge of registering marriages that India is a secular country and that Kerala has been home to many a reformer, such as Ayyankalu and Sree Narayana Guru, who propagated the principles of secularism.

"The respondents, 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 great reformers like Sree Narayana Guru and Ayyankali lived and they propagated the principle of secularism," the court said in its judgment.

However, the single-judge opined that some caste groups have been attempting to hijack the names of such reformers. The same should not be permitted as they are leaders of all citizens, irrespective of religion and case, he said.

"It is unfortunate that nowadays there is an attempt to hijack the names of these legends by certain caste groups 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 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 judgment stated.

To drive the point home, the judge quoted the words of Sree Narayana Guru, which loosely translated from Malayalam, says that this is a land where people reside in brotherhood, without any divisions on the basis of religion and case.

The court reiterated that registrars for marriages should not raise hypertechnical defects while entertaining applications for registration of marriages.

"The registration of marriage as per the Rules, 2008 will not prove a valid marriage, and it is only to protect the rights of the women and the children born in that marriage. Therefore, hypertechnical defects shall not be raised by the Marriage Officers." The court also directed the Secretary, the local self-government department, to issue a circular mentioning the dictum laid down in its judgment.

The court passed the order on a plea moved by a Hindu man and a Muslim woman who got married as per Hindu law and continued to follow the Hindu religion.

However, the local registrar refused to register the marriage solemnized between the petitioners, as per the Kerala Registration of Marriages (Common) Rules, 2008, on the ground 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 court at the outset expressed its surprise at the reluctance shown by the registrar and stated in no uncertain terms that adopting hypertechnical reasons for not registering marriages as per the Rules 2008 are to be deprecated. It then went into a detailed consideration with respect to the intention for framing the Rules 2008 in order to resolve the issue.