(2012) 235 KLR 167 IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH DAY OF JANUARY 2012/30TH POUSHA 1933 WPC.No. 20188 of 2010 (W) --------------------------------- PETITIONER(S): ------------------- NAJMA, AGED 23 YEARS, D/O.SIRAJUDEEN MUSLIYAR, VALLAKKADAVATH HOUSE PAZHANJI P.O., KOTTOL, THRISSUR DISTRICT. BY ADVS.SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): -------------------- 1. REGISTRAR GENERAL OF MARRIAGES/DEPUTY DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 2. THE SECRETARY/LOCAL REGISTRAR OF MARRIAGES (COMMON), KATTAKAMPAL GRAMA PANCHAYAT KATTAKAMPAL, THRISSUR. R1 BY GOVT. PLEADER SRI.M. MUHAMMED SHAFI R2 BY SRI.P.RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20188/2010 APPENDIX PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/ P.A. TO JUDGE. svs "C.R." C.K. ABDUL REHIM,J. ------------------------------------------------- W.P.(c) No. 20188 OF 2010 ------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2012 Head Note:- Kerala Registration of Marriage (Common) Rules, 2008 - Rule 6 - There is no bar under the Rules in registering any marriage solemnised within the state, even if one of the parties is a foreign national. J U D G M E N T Petitioner is aggrieved by non acceptance of an application submitted before the 2nd 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). Exhibit Ext.P3 is the relevant extract of the Passport of the person who married the petitioner and Ext.P4 is the "Person of Indian Origin Card (PIO card)" held by the said person. 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 Ext.P2 Marriage Certificate about conduct of the marriage as per religious rites. 2. Complaint of the petitioner is that 2nd respondent has not received the application for registration submitted as per Ext.P5, 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. 3. Heard, learned counsel for the petitioner and the standing counsel appearing on behalf of 2nd respondent. With respect to the first objection that both the parties should appear in person at the time of submitting the application, it is pointed out, that the issue is now stands covered through a decision of this Court in Sarala Baby V. State of Kerala, 2010 (2) KHC 334. It is held that there is no need for personal appearance of the parties to the marriage, for presenting the application for registration. 4. Counsel for the petitioner also submitted that there is no bar under the Kerala Registration of Marriage (Common) Rules, 2008 in registering any marriage solemnised within the state, even if one of the parties is a foreign national. He has drawn my attention to the decision of the 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. Rule 6 indicates that all marriage solemnised within the state should compulsory be registered, irrespective of religion of the parties. Nowhere in the Rules it can be noticed any insistence about 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 I am of the view that objection raised by the 2nd respondent for registration of marriage are unsustainable. 5. Under the above mentioned circumstances the writ petition is allowed. The 2nd respondent is directed to receive Ext.P5 application and to dispose of the same by registering the marriage as applied for, if the petition is otherwise eligible. Sd/- C.K. ABDUL REHIM, JUDGE. AMG |
