Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Hussain S/o. Saidalavi – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
C.S.DIAS, J.
1.The petitioners lived together for a brief period in November 2014. In order to avoid legal repercussions and social issues, they got their marriage registered under Kerala Registration of Marriages (Common) Rules, 2008 (‘Rules’, for brevity) as per Ext.P1 certificate of marriage. Shortly thereafter, their relationship ran into rough weather, and they have been living separately for the last 10 years. The 1st petitioner is a Muslim, and the 2nd petitioner is a Hindu. As their marriage was not solemnised under the Special Marriage Act, 1954, there is no valid marriage. Yet, as their marriage is improperly registered, it gives a false impression that they are legally married. Accordingly, the petitioners submitted a joint application before the 4th respondent to cancel the certificate. But, by Ext.P3 communication, the 4th respondent rejected the application, stating that there is no provision to cancel the certificate. Rule 13 of the Rules empowers the 4th respondent to cancel the certificate. It is without considering the above rule that the impugned order has been passed. Ext.P3 communication is unjustifiable.
2.The 3rd respondent has filed a statement asser
The registrar cannot cancel a marriage registration without sufficient proof of an erroneous entry.
Marriage – Marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu – A person of Hindu faith, who wishes to marry a non-Hindu, such mar....
Marriage between parties of different religions is null and void if not registered under the Special Marriage Act, regardless of the customs followed during the ceremony.
The court ruled that marriages solemnized outside India involving an Indian citizen must be registered under the Foreign Marriage Act, not the Special Marriage Act.
It is not permissible to register a marriage solemnized outside India between an Indian citizen and a foreign national under Special Marriage Act.
Marriage Certificate – Once Marriage Certificate is issued to parties under Special Marriage Act, it is conclusive evidence of legality and solemnity of marriage until it is set aside for any valid r....
A marriage between individuals of different religions is void if it is not registered under the Special Marriage Act after proper solemnization.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
