IMPORTANT POINTS
There cannot be any doubt with respect to the personal appearance of the parties to the marriage which is insisted in terms of the Rules for registration of the marriage to ensure that the marriage is registered with their knowledge. If the purpose of the Rule, which insists personal appearance of the parties to the marriage, could be ensured by video conferencing, there shall not be any impediment for the court in interpreting the provisions in such a way as permitting insistence of personal appearance through video conferencing.

JUDGMENT :

The case set up in this Writ Petition (Civil) is as follows:

That the Registrar of Marriages is Secretary of Grama Panchayat, who is also the Registrar of Births and Deaths. All customary marriages have to be registered as per the directions of the Supreme Court dated 14-2-2006 and the State of Kerala framed rules in compliance with Supreme Court directions. The Kerala Registration of Marriages (Common) Rules, 2008 which accordingly framed, insists for presence of parties before Registrar for registration of marriages which is impractical, illegal and unconstitutional and against the principles embodied under the Supreme Court direction. The petitioner is the father of Linu Mathew. Linu Mathew and his wife got married as per Christian rites. Thereafter they applied for registration of marriages. But due to network failure in the office of the 1st respondent it could not be done. So they returned to Dubai for joining job. During COVID pandemic and lock down, Linu Mathew lost his job. But to continue stay at Dubai with his five month pregnant wife, he is required to produce marriage certificate. Even though applied and personally present on 6.1.2020 and thereafter on 7.1.2020 and 8.1.2020, they could not get the marriage registered due to technical internet failure at Panchayat Office. They returned to Dubai on 8/1/2020 for joining their job after expiry of leave period. Now due to Pandemic restriction Linu lost his job and in-order to continue his stay at Dubai for supporting and helping his wife he has to produce the marriage certificate. The 1st respondent is duty bound to register the marriage and issue a marriage certificate.

2. It is in the light of the above averments and contentions, that the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

“1. issue Writ of Mandamus or any other appropriate writ order or directions directing the 1st respondent to register the marriage of the petitioner's son Linu Mathew and his wife Rose Mary Sebastian without insisting for their personal presence and signature and issue marriage certificate to them, at the earliest.

2. Issue a Writ, order or direction declaring that the Rule 11 of the Kerala Registration of Marriages (Common) Rules, 2008 to the extent it insists for personal presence of parties and putting signature in the marriage register for an already held marriage, is arbitrary, illegal and unconstitutional.

3. Issue such other writ, order or direction as if deemed fit and proper by this Honourable Court in the facts and circumstances of the case.”

2. The petitioner is the father of the above said bride groom and he has been authorised by both the bride groom as well as the bride to file this writ petition on their behalf.

3. Shri.George Kuruvilla, learned counsel appearing for the petitioner has made submissions in tune with the pleadings in WP(c). Shri. Manu Vilsan, learned counsel appearing for R1 -Secretary, Thalavady Grama Panchayat would submit that the enquires of the 1st respondent have revealed that the petitioner's son one Linu Mathew and one Rose Mary Sebastian have solemnized their marriage on 30.12.2019 as per Christian Rites, in the Church concerned and that they had submitted application on 6.1.2020 before the 1st respondent for registration of their already solemnized marriage in terms of the provisions contained in the Kerala Registration of Marriages (Common) Rules, 2008. But that due to system failure of the computer, the 1st respondent was not in a position to download the proforma of the memorandum of the marriage from the computer system and hence, the said application as well as similar applications of other parties could not be considered for registration and the technical snag in the computer system was resolved only on 10.1.2020 and that all other pending applications were duly considered for registration thereafter. But that it is learnt that the above said bride and bride groom had by then left to a foreign country