AAYISHA MUHSIN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Sreeja S. fell in love with Ahmad Muhsin M. That is the beauty of secular India, where a person in one religion can marry a person following another religion. The marriage was solemnised on 27/1/2017 as per the Special Marriage Act, 1954 (for short 'Act 1954'). That is the beauty of the Act 1954, which recognises marriages between interreligious couples without requiring conversion. Following the marriage on 27/1/2017, it appears that Sreeja intends to adopt her husband's Islamic faith. There is no issue or prohibition with that if it is a voluntary decision by Sreeja, made without coercion or compulsion by Ahmad Muhsin M., her husband. However, Sreeja also changed her name to "Aayisha Muhsin" in 2023 (approximately 6 years after her marriage), a name commonly used by Muslims.

(2.) The name was changed in the year 2023 after notifying the same in the Kerala Gazette, as evident by Ext.P2. Pursuant to Ext.P2 notification, the name stands changed in all of the documents and identity cards, including Birth Certificate as evident by Ext.P3, Indian Passport as evident by Ext.P4, revised Aadhaar Card as evident by Ext.P5 (originally issued on 18/8/2012), and revised Driving License as evident by Ext.P6 (originally issued on 13/7/2012). She also changed her name on the PAN Card, and Ext.P7 is the revised PAN Card. Ext.P8 is the Electoral Photo Identity Card issued to Sreeja in her name as "Aayisha Muhsin". Ext.P9 is the Ration Card showing her present name as "Aayisha Muhsin". It is stated that Sreeja's husband's passport has also been revised to reflect the change of name of the petitioner, as evident by Ext.P10. Her husband is working in the United Arab Emirates (UAE). She wants to join her husband in the UAE.

(3.) The Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) is the authority that issues family visas in the UAE. It is submitted that the application for a family visa must include the passports of the wife and children, as well as the attested marriage certificate, among other documents. It is the case of Sreeja, now known as 'Aayisha Muhsin', that, for the purpose of applying for a family visa, her marriage to Ahmad Muhsin was registered under the Kerala Registration of Marriage (Common) Rules, 2008 (for short, "Rules 2008"). Ext.P13 is the marriage certificate. Since Ext.P13 certificate of marriage stands issued in the name of "Sreeja" instead of her present name, "Aayisha Muhsin", she wants a correction of Ext.P13 certificate of marriage. The petitioner submitted an application, as evident by Ext.P14. However, the 3rd respondent informed the petitioner of the inability to effect changes to the certificate of marriage, citing the 1st respondent's letter dated Ext.P16. Ext.P15 is the communication of the 3rd respondent. Aggrieved by the same, this Writ Petition is filed by Sreeja in her new name, "Aayisha Muhsin".