2019 Supreme(Ker) 416

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, J.
Jithin Varghese Prakash, S/o. Prakash Varghese – Appellant
Versus
The Registrar of Marriage, Piravom Municipality, Piravom – Respondent
WP(C).No.17647 of 2019
Decided on : 28-06-2019

IMPORTANT POINTS:
The question of cancellation of registration of marriage does not arise in those circumstances where the marriage was a valid one. However, when a record that shows that the marriage subsists, exists in the public domain it would infringe the civil rights of the parties concerned. The party has every right to insist for recording the divorce in the register in which the marriage was registered, otherwise public record would show that the marriage subsists. The Authority has a general power under the General Clauses Act, 1897 which can be resorted to in such circumstances. The authority to register includes the authority to add, amend, vary, or rescind the registration etc. This power flows from Section 21 of the General Clauses Act, 1897. Therefore, the Registrar is bound to record the divorce in the register maintained by him acting upon the divorce ordered by the competent court.

Headnote:

Kerala Registration of Marriages (Common) Rules, 2008- The General Clauses Act, 1897- Section 21-The marriage was registered in accordance with the Kerala Registration of Marriages (Common) Rules, 2008-There is no provision under the aforesaid Rule to register a divorce. The petitioner obtained divorce from a foreign Court- Direction to the respondent to record the divorce after issuing notice to the former wife of the petitioner- If there is any dispute regarding the validity of the divorce, the Registrar cannot record such divorce in the register without an order from the competent court.

       Statement of facts:

       The petitioner's marriage ended in divorce- The marriage was registered in accordance with the Kerala Registration of Marriages (Common) Rules, 2008-There is no provision under the aforesaid Rule to register a divorce. The petitioner obtained divorce from a foreign Court. The question is whether the Registrar has a power to record the divorce or cancel the registration of marriage.

       Finding of the court:

       Direction to the respondent to record the divorce after issuing notice to the former wife of the petitioner- If there is any dispute regarding the validity of the divorce, the Registrar cannot record such divorce in the register without an order from the competent court.

       Result: Writ petition is disposed of as above.