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2022 Supreme(Online)(KER) 10952

HIGH COURT OF KERALA
P. G. Ajithkumar, J
LALAN.P.R – Appellant
Versus
CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON) – Respondent


Advocates:
For the Appellants/Petitioners: C.A.CHACKO, C.M.CHARISMA, N.A.SHAFEEK, K.S.SALEESH
For the Respondents: K.M.FAISAL

Table of Content
1. marriage was solemnized according to religious customs. (Para 1 , 2 , 3)
2. registration impeded by unnecessary technicalities and discriminatory rules. (Para 6 , 14)
3. court reaffirms principles governing marriage registration are inclusive. (Para 7 , 8 , 10)
4. mandates registration upon submission of valid proof as outlined. (Para 16 , 17)

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 reg

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