1. A question of legal importance arises in this writ petition as to whether a marriage solemnised between 2 persons belonging to different religions can be registered under the provisions of the Kerala Registration of Marriages (common) Rules, 2008 (hereinafter referred to as the Common Rules).

2. The petitioners are husband and wife, the marriage being solemnized on 16.02.2012 as per religious rites at the Infant Jesus Church, South Vazhakkulam, Aluva. The 1st petitioner belongs to Hindu religion and the 2nd petitioner is a Christian. It is stated that on the same day the petitioners have also undergone religious rites and ceremonies of a marriage under Hindu religion, at Sree Sankara Auditorium, East Kadungallur, Aluva. Exhibit P3 is the certificate of marriage issued by the Church and Exhibit P4 is the certificate issued by the authorities of the Auditorium.

3. The petitioners applied for registration under the Common Rules. The Secretary of the 2nd respondent Panchayat (the Registrar), had rejected the application through Ext.P6 for the reason that, as per Government Circular No. 63882/RC3/2010/LSGD, dated 28.02.2011, marriages between persons belonging to different religions has to be registered under the Special Marriage Act, and in such cases registration under the Common Rules cannot be permitted. The petitioner is challenging Exhibit P6 in this writ petition.

4. Heard Government Pleader on behalf of the 1st respondent and counsel appearing for the 2nd respondent Panchayat. Learned Government Pleader sought further time for filing detailed counter affidavit on the basis that the matter requires consultation with the Law Department. But I feel that the issue involved is purely legal for which appreciation of any disputed facts is not necessary.

5. On a perusal of Ext.P7 Government Circular it is evident that instructions have been issued to all local self government institutions clarifying that persons belonging to different religions has to register their marriage under the Special Marriage Act, 1954 and registration of such marriages under the Common Rules cannot be allowed. The petitioners are challenging sustainability of Ext.P7 Circular also, on the ground that it is repugnant to provisions of the Common Rules and is against legal principles and directions contained in the decision of the Honourable Supreme Court in Seema v. Ashwani Kumar (2006 (1) KLT 791 (SC)). Learned counsel appearing for the 2nd respondent submitted that as long as the circular remains valid, the Secretary of the respondent Panchayat is bound by the same and that the rejection is made only on the basis of the circular.

6. For deciding the issue involved, a perusal of the relevant Rules will be beneficial Rule 5 of the Common Rules says that, all marriages solemnised in the State after commencement of the Rules shall compulsory be registered 'Irrespective of the Religion of the parties' (emphasis supplied). Proviso to the said Rule says that, the marriages, registration of which is compulsory under any other statutory provisions, need not be registered under these Rules and such marriages shall be registered under the respective statutory provisions. The second proviso says that the marriages, registration which is optional as per any other statutory provisions shall be registered under these Rules unless registered under such statutory provisions. Rule 9 prescribes the procedure for registration which indicate that the memorandum for registration shall be signed by both parties to the marriage and 2 others who witnessed the marriage. In the case of marriages solemnised as per religious rites, the memorandum should be accompanied by a copy of the certificate of marriage issued by the religious authorities concerned. In the case at hand the petitioners have produced Exhibit P3 and P4 certificate along with the memorandum. Exhibit P3 is a certificate issued by the Vicar of Infant Jesus Church, The wordings of the certificate is as fo