Kerala HC to Registrar: Don’t decide on marriage’s validity
KOCHI: Directing the Marriage Registrar to register the marriage of a Filipina with an Indian citizen belonging to the Hindu community, the Kerala High Court on Monday said the officer is not the authority to decide on the competency to marry or on the validity of such marriage. The order was issued on a petition filed by A M Pranav of Thrissur and Arielle Seychelle Fosticon Lauro challenging the decision refusing to register their marriage citing its validity in accordance with the Hindu Marriage Act.
The petition stated Lauro became a Hindu by undergoing sacred ceremonies and rites at the Vallivattam Sree Ayyappa Temple, Thrissur following which she was issued a certificate by its authorities. Their marriage was solemnised on September 13, 2016, according to the custom application to the community to which Pranav belongs. They later wanted to register their marriage under the Kerala Registration of Marriages(Common) Rules, 2008. But the application was rejected by the Registrar.
Amicus Curiae appointed by the court said the Registrar, in fact, is not deciding on the validity of such marriage but only entering into the satisfaction whether he is bound to register such marriage or not. It is only on proof of satisfaction the marriage has been solemnised, the Registrar General is bound to give suitable directions to the local Registrar to register the marriage.