N NISHANA MOL Vs. ALAPPUZHA MUNICIPALITY

JUDGEMENT

(1.) In view of the directions of the Apex court in Seema v. Ashwani Kumar,2006 1 KerLT 791 ,the Government of Kerala issued the Kerala Registration of Marriages (Common) Rules, 2008, hereinafter referred to as the "Common Rules", The question raised in this writ petition is as to whether both the parties to the marriage have to be present in person before the authority for registration of a marriage under the Common Rules.

(2.) The marriage of the petitioner was solemnized on 8.3.2009, The couple submitted the memorandum for registration of their marriage, in Form No. 1 prescribed under the Common Rules before the Local Registrar, an officer so appointed in terms of Rule 5 of the common Rules. The petitioner says that the certificate of marriage issued by the religious authority concerned, as document in proof of the marriage, and other relevant materials were produced along with the memorandum. The husband of the petitioner returned to a foreign country where he works. The petitioner complains that the Local Registrar is insisting on the presence of both the parties to the marriage for registration. That complaint is not disputed, but is corroborated by the submissions on behalf of the respondents.

(3.) The learned Counsel for the petitioner argued that in view of the provisions in Rule 9 of the Common Rules, there is no compulsion that both the parties to the marriage should be present before the Local Registrar. He justifies that view on the common Rules by pointing out that the registration under the common Rules cannot constitute a marriage but such registration is intended only to evidence a marriage which is solemnized otherwise.