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2022 Supreme(Ker) 706

P. V. KUNHIKRISHNAN
Lalan. P. R, S/o. Reghuvaran P. K. – Appellant
Versus
Chief Registrar General Of Marriages (Common), (Director Of Panchayaths) – Respondent


Advocates Appeared:
For the Appellant : SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK, SRI.K.S.SALEESH
For the Respondent: SRI.K.M.FAISAL, adv

JUDGMENT :

Lalan P.R married Aysha. They are the petitioners in this writ petition. The 1st petitioner Lalan is a Hindu by birth. The mother of the 2nd petitioner Ayisha is a Muslim. According to the petitioners, they are followers of the Hindu religion. The petitioners married following Hindu religious rites and customs. The 2nd respondent the local Registrar (common) refused to register the marriage solemnized between the petitioners, as per the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter mentioned as "Rules 2008") with a reasoning that the registration of marriage is possible only if it is solemnized as per the marriage laws in force. It was also stated that since the petitioners' marriage was not conducted as per any personal laws of the parties or based on any statutory provisions, petitioners can register their marriage only as per the Special Marriage Act 1954. The grievance of the petitioners is that the 2nd respondent rejected the request for registering their marriage as per the Rules 2008 because the 1st petitioner is a Hindu and the mother of the 2nd petitioner is a Muslim. The second respondent also stated that, there is no evidence to show that t

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