Party office may have the status of a temple in the minds of comrades but
getting married there isn't legally valid, Kerala high court
A division bench comprising of
justices Antony Dominic and Anil K Narendran on Monday held a marriage
conducted at the office of CPM as illegal.
The court's ruling was while
considering a habeas corpus petition in which a couple eloped and got married
at CPM's local committee office at Nadubhagam in Nedumudi village in Alappuzha. The petition was filed by Sabu K Eliyas of
Pampady in Kottayam alleging that his daughter is under illegal detention of a
man from Pandanad West in Chengannur.
the high court issued notice to police, additional director general of
prosecution K I Abdul Rasheed asked the police to conduct an enquiry. Following
this, the daughter and the man appeared before the court on Monday and
presented a marriage certificate issued by Nedumudi grama panchayat on February
19. Place of marriage was given as CPM local committee office at Nadubhagam.
Declining to accept the marriage, the court
held, "According to us, the marriage allegedly solemnised on 19.2.2014
between the parties is not legally a valid one."
Registration of Marriages (Common) Rules, 2008
A marriage to be registered under the Kerala
Registration of Marriages (Common) Rules, 2008 should either be solemnised
before a marriage officer appointed under any statutory provisions or as per
religious rites, the court held.
so far as this case is concerned, the marriage having been solemnised in the
CPM local committee office, the requirement of a marriage registered either by
the marriage officer or by the religious authority is not satisfied. Therefore,
this kind of a marriage should not have been registered under the rules,"
the judgment said.
Following the court's
ruling, the man's counsel submitted that they will get married as per the
Special Marriage Act. Further, the court
asked the registrar of high court to send a copy of the judgment to the
secretary of local self government department so as to issue instructions to
prevent such illegal marriages.
"In several cases of this nature, such
certificates are being produced before this court to prove marriage between the
parties. This situation needs the immediate attention of the authorities
concerned so that appropriate instructions could be given to the marriage
officers under the rules in order to prevent them from continuing this
illegality," the court directed.