The Kerala High Court has held that an application submitted by a couple for registration of their marriage under the Kerala Registration of Marriages (Common) Rules, 2008 cannot be rejected for the simple reason that the father or mother of one of the parties belongs to a different religion.
Justice P.V. Kunhikrishnan made the ruling on Wednesday while allowing a writ petition filed by Lalan and Ayisha from Udayamperur in Ernakulam district challenging the decision of the Registrar of Marriages in Kochi city Corporation to reject their request for registration of marriage. They said that the Registrar refused to register the marriage saying that Ayisha’s mother belonged to the Muslim community, while her husband belonged to the Hindu community. In fact, their marriage was solemnised as per the Hindu religious rites.
The court said that the religions of the parties were not a consideration for registering marriages. If there was a declaration from gazetted officer/Member of Parliament/Member of Legislative Assembly/member of local self-government institution in Form No. 2 under the rules, the registration could not be rejected “simply because the mother of one of the parties is a Muslim and the other party is a Hindu.”
The court observed that “Kerala is a State, where great reformers like Sree Narayana Guru and Ayyankali lived and propagated the principle of secularism.” It was unfortunate that nowadays there was an attempt to hijack the names of these legends by certain caste groups as if they were their caste leaders. That should not be permitted. They were the reformers of our country. They were the leaders of all citizens of this country irrespective of religion or caste. Social reformers of a different religion should not be caged in their religion or caste at the instance of certain groups.
The court directed the Registrar of marriages to register the marriage of the petitioners if the petitioners submit Form No. 1 (memorandum of marriage) along with the declaration in Form No. 2 to prove their solemnization of marriage.
