DEEPU DEV Vs. STATE OF KERALA

JUDGEMENT

(1.) A question of legal importance arises in this Writ Petition as to whether a marriage solemnised between 2 persons belonging to different religions can be registered under the provisions of the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter referred to as the Common Rules). The petitioners are husband and wife, the marriage being solemnized on 16.2.2012 as per religious rites at the Infant Jesus Church, South Vazhakkulam, Aluva. The first petitioner belongs to Hindu religion and the second petitioner is a Christian. It is stated that on the same day the petitioners have also undergone religious rites and ceremonies of a marriage under Hindureligion, at Sree Sankara Auditorium, East Kadungallur, Aluva. Exhibit P3 is the certificate of marriage issued by the Church and Exhibit P4 is the certificate issued by the authorities of the Auditorium.

(2.) The petitioners applied for registration under the Common Rules. The Secretary of the 2nd respondent Panchayat (the Registrar), had rejected the application through Ext. P6 for the reason that, as per Government Circular No. 63882/RC3/2010/LSGD/dated 28.2.2011, marriages between persons belonging to different religions has to be registered under the Special Marriage Act, and in such cases registration under the Common Rules cannot be permitted. The petitioner is challenging Exhibit P6 in this Writ Petition.

(3.) Heard Government Pleader on behalf of the 1st respondent and counsel appearing for the 2nd respondent Panchayat. Learned Government Pleader sought further time for filing detailed counter affidavit on the basis that the matter requires consultation with the Law Department. But I feel that the issue involved is purely legal for which appreciation of any disputed facts is not necessary.