The question involved in this Writ Petition is whether a marriage registered under the provisions of the Kerala Registration of Marriages (Common) Rules, 2008 could be cancelled at the instance of one of the parties to the alleged marriage on the ground that the marriage was not solemnized and the marriage certificate was obtained only to facilitate both parties to go abroad.

2. The petitioner states that he is working as an Analysis Engineer in a company in Germany. The averments in the Writ Petition, inter alia, are the following: During 2013, the parents of the petitioner came across the matrimonial profile of Neethu Vasanth, the third respondent. At that time, the third respondent was undergoing her medical studies in Valgograd State Medical University in Russia. She was expected to complete her studies by June, 2014. Since the profiles of the petitioner and the third respondent were found matching, on 25.8.2013, a marriage fixation ceremony was held at Das Continental Hotel, Thrissur. It was also decided to solemnize the marriage on 17.8.2014, by which time, the third respondent was expected to complete her studies in Russia. To show that the marriage was scheduled to be solemnized on 17.8.2014, the petitioner relies on 'Vivahapathrika' issued by the SNDP Sakha at Kottarakkara and Thrissur Town South (Exts.P1 and P2). For the purpose of marriage, the petitioner could take a leave for only three to four weeks and it was difficult to secure visa papers for the third respondent during such a short visit. In these circumstances, the parents of the third respondent advised the petitioner to secure a marriage certificate and apply for visa papers sufficiently early so that the petitioner could take the third respondent along with him to Germany immediately after solemnization of the marriage on 17.8.2014. Therefore, on 26.8.2013, on the next day on which the marriage was fixed, the petitioner, the third respondent and their parents went to the office of the Registrar of Marriages (Common), Thrissur and submitted an application for registration of the marriage and for obtaining the marriage certificate. Accordingly, Ext.P3 marriage certificate was issued by the Registrar of Marriages (Common), Thrissur on 26.8.2013 showing that the marriage of the petitioner and the third respondent was solemnized on 25.8.2013.

3. It is stated in the Writ Petition that after the fixation of the marriage, the petitioner and the third respondent were interacting with each other and exchanging e-mails. While so, the relationship between the petitioner and the third respondent got strained due to various reasons. The relationship between the parents of the petitioner and that of the third respondent also got strained. It is stated that “due to incompatibility of temperament, approaches, attitude and mindsets, it was impossible for the petitioner to get united in marriage with the third respondent”.

4. The petitioner, represented by his power of attorney holder (K.S.Rajan, father of the petitioner), filed Ext.P4 application dated 24.12.2014 to the Registrar of Marriages (Common), Thrissur to cancel “the entries relating to the petitioner and respondent dated 26.8.2013 in the Marriage Register maintained by the Trichur Corporation under Kerala Registration of Marriages Rules (Common) 2008”. The application was filed under Rule 13(1) of the Kerala Registration of Marriages (Common) Rules, 2008. In the application it is stated thus:

“6. The Marriage Certificate was obtained bonafide, with no intention to commit any fraud upon anybody and in fact the suggestion for securing the Marriage Certificate came from the parents of the respondent and they secured the presence of respectable witnesses before the Marriage Registrar.”

5. It is stated that though the Registrar of Marriages received Ext.P4 application, he refused to entertain the same and returned the application to the petitioner. The relief prayed for in the Writ Petition is to issue a writ of ma