Registration of Marriages (Common) Rules, 2008 (Kerala) – Rule 13 – Cancellation of Marriage Certificate – Validity of Marriage – Jurisdiction of Registrar – Estoppel.
Petitioners, belonging to different religions, registered their marriage under the 2008 Rules but sought cancellation of the certificate, claiming no valid marriage existed as it was not solemnised under the Special Marriage Act, 1954. The Local Registrar rejected the application, citing no provision for cancellation.
Held:
Rule 13 empowers the Registrar to cancel entries if erroneous, fraudulent, or improperly made, but the Registrar lacks jurisdiction to adjudicate the validity of a marriage. The petitioners, having voluntarily submitted documents and testified to the solemnisation, are estopped from denying the marriage’s validity. The Registrar’s enquiry is summary in nature, and questions of marital status must be resolved by a competent civil court. No arbitrariness found in the Registrar’s rejection. Writ petition dismissed, with liberty to approach a civil court for a declaration on marital status.
Key Precedent: Pranav A.M. & Another v. Secretary, Engandiyur Grama Panchayat (2018 (3) KHC 128).
Citations: 2025 KER 40760 : 2025 (6) KLR 104 : 2025 KLT OnLine 2136
Court: High Court of Kerala, Hon’ble Mr. Justice C.S. Dias
Case Number: WP (C) No. 4751 of 2025; 10 June 2025
Counsel: Sri. Cibi Thomas, Smt. Swarna Thomas, Smt. Anusree K. for petitioners; Smt. Vidya Kuriakose, Senior Government Pleader, and Sri. R. Surendran for respondents.
