MOHAMMED SAJITH Vs. LOCAL REGISTRAR OF MARRIAGES

JUDGEMENT

(1.) The complaint of the petitioners is regarding the refusal of the respondent to register their marriage under the Kerala Registration of Marriages (Common) Rules, 2008 ('the Rules' for short). The petitioners are husband and wife. Their marriage was solemnized in the customary manner, on 4.9.2003 at Juma Masjid, Varod, Qttapalam. They have been residing together as husband and wife ever since. They have a boy child named Razik, who is now three years of age. The marriage of the petitioners was an arranged one. The petitioners submitted an application for the registration of their marriage, since they are planning to go abroad/However the respondent declined to register their marriage. Ext. P1 is the application submitted by them for the said purpose. The reason for refusing to register their marriage is that, one of the petitioners, the second petitioner herein, had not attained majority at the time of solemnisation of the marriage. As stated above, the marriage was in the year 2003. On 8.3.2004, the second petitioner had attained majority. Therefore, it is contended that there is no point in refusing to register the marriage at this length of time, especially in view of the fact that the petitioners are living together as husband and wife. A statement has been filed by the counsel for the respondent contending that the application submitted by the petitioner suffered from a number of defects. Since the marriage of the petitioners had taken place before the coming into force of Kerala Registration of Marriage (Common), Rules 2008, the said marriage can be registered only subject to sub-r. (3) of R9, with the permission of the Registrar General concerned, on payment of a fine. If the petitioner would resubmit the application after complying with the said procedure, he assures that the respondent would consider the application.

(2.) Heard the respective counsel appearing for the contesting parties. R.10 of the Rules stipulates registration of a marriage, which was not registered earlier. Such marriages can be registered with the permission of the Registrar General concerned, on payment of a fine that is mentioned therein. Since the marriage of the petitioners was solemnized before the commencement of the Rules, it is the said procedure that the petitioners would have to comply with, for the registration of their marriage. The fact that the second petitioner was a minor at the time of marriage cannot disentitle the petitioners from getting their marriage registered, for the reason that the petitioners have been living together as husband and wife ever since and, no option of puberty has been exercised by the second respondent against the marriage. On the contrary, the conduct of the second petitioner in living together with the first petitioner indicates that she has exercised her option of puberty in favour of the marriage. She has also given birth to a boy child. Since the wedlock is subsisting, it is only appropriate that the marriage is registered by following the procedure under R.10 of the Rules.