KOCHI: The Kerala High Court court on Wednesday said that simply because the father or mother of one of the parties in marriage belongs to a different religion, it is not a reason to reject an application submitted by the couple for registration.
Justice P V Kunhikrishnan said the authorities should remember that India is a secular country giving liberty to all citizens to adopt their own religion and follow their own rites, customs and ceremonies. The court issued the order while allowing a petition filed by P R Lalan and Ayisha of Udayamperoor in Ernakulam district challenging the decision of the registrar of marriages in Kochi Corporation to reject their request for registration of marriage as per Kerala Registration Marriages (Common) Rules, 2008. The officer had cited the reason that the mother of Aysha belonged to the Muslim community, different from her husband, who belongs to the Hindu community.
The petitioners submitted that their marriage was solemnised as per Hindu religious rites. The registrar had also stated that since the petitioners’ marriage was not held as per any personal laws of the parties or based on any statutory provisions, they can register it only as per the Special Marriage Act 1954.
The court said that Kerala is a state where the great reformers like Sree Narayana Guru and Ayyankali lived and they propagated the principle of secularism. It is unfortunate that, nowadays, there is an attempt to hijack the names of these legends by certain caste groups as if they are their caste leaders. That should not be permitted.
The court said that the religion of the parties was not a consideration for registering marriages. The court also directed the registrar to register the marriage of the petitioners if the petitioners submit form no 1 (memorandum of marriage) along with the declaration in form no 2 to prove solemnisation of marriage.