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2012 Supreme(Ker) 248

C.K.ABDUL REHIM
Deepu Dev – Appellant
Versus
State of Kerala Rep by the Secretary to the Government Department of Local Self Government – Respondent


Advocates Appeared:
For Petitioners: Babu S. Nair, Smitha Babu, P.A. Rajesh, K. Rakesh, Ravi Krishnan
For Respondents:V.T. Raghunath, C.V. Rajalakshmi, Advocates, Muhammed Shafi, Government Pleader.

Judgment :

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













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