IMPORTANT POINT
Certificate of marriage – Authorities cannot deny request of petitioners to include date of celebration of marriage in marriage certificate.

JUDGMENT

The writ petition is filed with the following prayers:—

i. To issue a writ of certiorari or any other appropriate writ, directions or orders calling for the records leading up to Ext.P10 and set aside Ext.P3, P8 and P10.

ii. To issue a writ of mandamus or any other appropriate writ, directions or orders directing the 2nd respondent to issue a fresh certificate of marriage celebrated in other forms under section 15 and 16 of the Special Marriage Act 1954 mentioning the actual date of the solemnization / celebration of the marriage of the petitioners as 10/07/2022.

2. The petitioners, who are husband and wife, got married on 10.07.2022 in a ceremony conducted in accordance with the Hindu rites and customs. Since they are employed abroad, it was necessary for them to register the celebration of marriage under Section 15 of the Special Marriage Act, 1954 (for short, “the Act”) before the second respondent. Pursuant to Ext.P1 application filed by them under Section 15 of the Act, Ext.P3 certificate of marriage celebrated in other forms was issued on 01.10.2022, however, without mentioning the actual date of celebration of marriage. Exts.P4 to P6 are the certificate of marriage celebrated in other forms in similar cases, wherein the actual date of celebration of marriage is shown. Though the first petitioner submitted Ext.P1 representation, requesting to mention the actual date of celebration of marriage in Ext.P3 certificate, it was replied as per Ext.P8 letter dated 19.10.2022 that the date of celebration of marriage cannot be included in the certificate since there is no provision to include the same as per the prevailing law. Aggrieved by Ext.P8 letter, the first petitioner approached the first respondent with Ext.P9 representation, however, it was also replied in the negative as per Ext.P10. It is in this context, the petitioners have come up before this Court.

3. The first respondent filed a counter affidavit and an additional counter affidavit, contending that the certificate of marriage is generated automatically by a software, viz., PEARL, designed in accordance with the prevailing Act. It was further contended that the present provisions permit the registering officer neither to enter the date of marriage celebrated in other forms in the marriage certificate nor to modify the marriage certificate generated online; and hence, the date of customary marriage cannot be added to the marriage certificate. According to them, Exts.P4 to P6 certificates were issued before implementation of the online service when the marriage officers manually entered the date of customary marriage in the certificates; and now, they are not in a position to reissue or alter the marriage certificates, which are generated through the PEARL software. It is pointed out that the certificate is issued under Section 18 of the Act.

4. I have heard the learned counsel for the petitioners and the learned Government Pleader.

5. The grievance of the petitioners is that Ext.P3 marriage certificate issued to them does not reflect the actual date of celebration of their marriage, which was celebrated on 10.07.2022 under the Hindu customary rites. Since they are working abroad, they are in need of a marriage certificate under the Act, by registering the celebration of marriage of the petitioners. Exts.P7 and P9 representations were rejected by the respondents stating that there is no provision in the Act to include the date of original celebration of the marriage, celebrated in other forms.

6. The form is specified in the fifth schedule of the Act, as follows:

The Fifth Schedule

(See section 16)

Certificate of Marriage Celebrated in Other Forms

I, E.F., hereby certify that A.B. and C.D. appeared before me this..........day of......... 19............ and that each of them in my presence and in the presence of three witnesses who have signed hereunder, have declared that a ceremony of marriage has been performed between them and that they have been