Registration of Marriage – Personal appearance of parties to marriage not necessary for presenting application – All marriage solemnised within state should be compulsorily be registered irrespective of religion of parties: Kerala Registration of Marriage (common) R ules, 2008:

The Petitioner was aggrieved by the non acceptance of an application submitted before the second respondent for registration of her marriage, under the provisions of Kerala Registration of Marriage (Common) Rules, 2008. According to her, she married a person of Indian origin, who subsequently acquired citizenship of United Arab Emirates (UAE). The marriage was solemnised as per religious rites and customs and it is registered at ‘Kottol Mahallu Juma Masjid’. The Secretary of the Juma Masjid had issued Marriage Certificate about conduct of the marriage as per religious rites. The Complaint of the petitioner was that 2nd respondent had not received the application for registration submitted stating reasons that, both the spouses should appear in person for submitting such application and that a marriage in which a foreign national is one of the parties cannot be registered under the said Rules.

The Hon’ble Court held that there was no need for personal appearance of the parties to the marriage, for presenting the application for registration. The court further relied on the decision of Hon’ble Supreme Court in Seema v. Aswani Kumar (2006 (1) KLT 791 (SC)) in which a direction was issued to all state Governments to formulate Rules for compulsory registration of marriages, irrespective of religion of the parties. The Rule 6 indicates that all marriage solemnised within the state should compulsorily be registered, irrespective of religion of the parties. Nowhere in the Rules, it can be noticed of any insistence about the nationality of the parties contracting the marriage. On consideration of the relevant personal law (Mohammedan Law), no prohibition can be pointed out with respect to a foreign national marrying an Indian lady, if both of them are professing the religion of Islam. Hence, the objection raised by the 2nd respondent for registration of marriage was unsustainable.