Marriage Registrar Cannot Decide Validity Of Marriage; Disputes Must Be Resolved By Civil Court: Kerala High Court

A joint petition was filed by a Muslim man and a Hindu woman seeking the cancellation of their marriage certificate.

A Bench of Justice C.S. Dias said, "The Registrar does not have the jurisdiction to adjudicate the above disputed question of fact under Rule 13. The questions regarding the validity of the marriage and the marital status of the parties are to be decided by a competent civil court."

The petitioners had earlier registered their marriage under the Kerala Registration of Marriages (Common) Rules, 2008, claiming it was solemnised in accordance with customary rites. However, they later separated and approached the local Registrar seeking cancellation of the marriage certificate, contending that the marriage was not legally valid as it was not solemnised under the Special Marriage Act, 1954. Their request was rejected by the Registrar, leading them to approach the High Court.

The Court firmly stated that the Registrar’s function is purely administrative, limited to confirming whether a marriage appears to have been solemnised on the face of it. The Registrar is neither authorized nor competent to examine the legal validity of a marriage or resolve contested facts regarding the marital status of the parties.

The Court pointed out that the petitioners had, at the time of registration in 2014, voluntarily submitted a declaration and supporting documents affirming that their marriage was solemnised. A local self-government official and a witness also certified the solemnisation, which formed the basis for registration.

Given this, the Court held that the petitioners were estopped from later denying the existence of the marriage or seeking cancellation of the certificate on the basis that no valid marriage took place.

“Having produced documents to the above effect and voluntarily testifying that the marriage was solemnised, the petitioners are estopped from reprobating that there is no valid marriage,” the Court observed.

Referring to Rule 13 of the Kerala Registration of Marriages (Common) Rules, 2008, the Court clarified that cancellation of a marriage certificate is only permitted when the registration entry is proven to be erroneous, fraudulent, or improperly made, and even then, such cancellation requires approval from the Registrar General.

The High Court emphasized that this was not a case where the marriage registration was improperly or fraudulently done. Rather, the registration was based on voluntary declarations and proper documentation. Thus, the Registrar acted within his powers in refusing to cancel the certificate.

In support of its view, the Court relied on the precedent established in Pranav A.M. v. Secretary, Engandiyur Grama Panchayat (2018 (3) KHC 128), which held that a Marriage Registrar’s role is confined to being satisfied prima facie that a marriage was solemnised, and does not extend to deciding its legal validity.

Finding no illegality in the Registrar’s actions, the Court dismissed the petition. However, it granted the petitioners liberty to seek appropriate relief from a civil court if they wished to challenge the legality of their marriage or obtain a declaration regarding their marital status.

Cause Title: X & Anr. v. The State of Kerala & Ors., [2025:KER:40760]

Appearance:

Petitioners: Advocates Cibi Thomas, Swarna Thomas, and Anusree K.

Respondents: Senior Government Pleader Vidya Kuriakose, Standing Counsel R. Surendran.