PRANAV A.M. Vs. SECRETARY

JUDGEMENT

(1.) The first petitioner is an Indian citizen and belongs to Hindu Community. The second petitioner is a citizen of Filipina. According to the petitioners, the second petitioner got converted to Hindu religion after undergoing sacred ceremonies and rites held at Vallivattam Sree Ayyappa Temple, Thrissur District and a certificate was issued by the temple authorities evidencing the said fact. Their marriage was solemnized on 13.9.2016 according to the custom applicable to the community to which the first petitioner belongs.

(2.) The petitioners approached the Marriage Registrar to register their marriage under the Kerala Registration of Marriages(Common) Rules, 2008 (for short, the 'Rules'). The Registrar refused to register the marriage as he entertained a doubt regarding the validity of the marriage in accordance with the Hindu Marriage Act. The petitioners asserted that they belong to Hindu Community and therefore, the Registrar was unable to ascertain the validity of declaration whether they belonged to Hindu Community.

(3.) The question, therefore, arises is whether the Registrar under the Rules, is bound to register any marriage upon a declaration made by the parties without entering into the satisfaction as to the legality of such marriage. Considering the importance of the issue, this Court appointed Smt.Surya Benoy as Amicus Curiae.