The authority has the inherent power to record divorce in the Marriage Register under Section 21 of the General Clauses Act.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. A Muslim marriage is conducted in accordance with their personal law and thereafter registered under the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter referred as Rules 2008). Subsequently, if the husband pronounces talaq in accordance with his personal law, he can remarry without removing the entry in the register of marriage maintained under Rule 2008, because his personal law permits more than one marriage in certain situations, but that divorced Muslim lady cannot remarry till the marriage entry as per Rule 2008 is removed by approaching a competent court of law. Is there any other remedy to remove the entry made as per Rule 2008 is the point to be decided. If a law abiding Muslim couple registered their marriage as per Rule 2008 and subsequently the husband pronounce talaq, can the registration of marriage as per Rule 2008 be a burden to the Muslim women alone? When such discrimination is pointed out, is it not the duty of the constitutional court to step in? These are the points to be decided in this case.

2. Marriage between the 3rd respondent and the petitioner was solemnized on 30.12.2012 at Busthaniya Shadi Mahal, Vatakara, and the marriage was registered before the 1st respondent as Registration No. 44/2013 on 17.01.2013 is the submission. Ext.P1 is the Certificate of Marriage. It is submitted that the marital relationship between the petitioner and the 3rd respondent did not last long. Consequently, the marriage between the petitioner and the 3rd respondent was dissolved by the 3rd respondent by pronouncing Talaq from Doha, Qatar in the presence of witnesses on 30.10.2014 and it was communicated to the father of the petitioner on 02.11.2014. Ext.P2 is the Talaq issued by the 3rd respondent. Hence it is submitted that, in the light of Ext.P2, the marriage between the petitioner and the 3rd respondent was dissolved with effect from 30.10.2014. It is also submitted that the 3rd respondent provided maintenance for the Iddah period and future maintenance as well, as evidenced by Ext.P3 agreement. The divorce of the marriage was duly intimated to Thalasseri Mahal Khazi and the Divorce certificate issued by him is also produced as Ext.P4 is the submission. After the dissolution of the marriage, the petitioner approached the 1st respondent with an application praying to make necessary entries in the Marriage Register regarding the dissolution of the marriage. Ext.P5 is the application. Ext.P6 is the acknowledgment showing the receipt of Ext.P5. But, it is submitted that the 1st respondent, despite Ext.P5 application, failed to make necessary entries in the Marriage Register regarding the dissolution of marriage. When the petitioner enquired about the reason for his failure to make entry as requested, it was stated by the 1st respondent that the Rules, 2008 does not contain any provision authorising him to make such entry. It is the case of the petitioner that, such a stand is illegal, and want of provision can not be a reason for making entry in the Marriage Register. Hence this Writ petition is filed with the following prayers:

“(i) Issue a writ of mandamus or any other writ or order or directing the 1st respondent to record the fact of divorce as revealed from Ext.P5 against the entry of marriage earlier recorded in the register of marriage by 1st respondent.

(ii) issue any other order or direction to the 2nd respondent to issue necessary direction to the first respondent if need be.

(iii) any other order or direction that this Hon'ble Court deems fit and proper under the circumstances of the case.”

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. It is an admitted fact that the marriage between the petitioner and the 3rd respondent is registered under the Rules 2008. It is also an admitted fact that there is no provision under the aforesaid Rules to register a divorce. Ext.P2 is the Talaq pronounced by the 3rd respondent an