Only civil court can decide validity of marriage, not marriage registrar: Kerala High Court

The Kerala High Court recently observed that registrars of marriages are not required to examine disputed questions regarding the validity of a marriage, and that parties must approach the civil court to decide on such matters [XXX & anr v State of Kerala & ors]..Justice CS Dias made the observation while dismissing a petition filed jointly by a Muslim man and a Hindu woman who had sought the cancellation of their registered marriage certificate on the ground that their marriage was invalidThe Court observed that the issue of their marriage's validity was a disputed question of fact that could only be decided by a competent civil court and not by the marriage registrar. The registrar's role was limited to verifying if a marriage was, prima facie, solemnised and not to assess its legality, the Court noted. "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," it said..The Court added that since the petitioners had voluntarily affirmed and testified before the local registrar that their marriage was solemnised as per customary rites, they could not later disown the registration."Having produced documents ... and voluntarily testifying that the marriage was solemnised, the petitioners are estopped from reprobating that there is no valid marriage. The Registrar does not have the jurisdiction to adjudicate the above disputed question of fact under Rule 13 (of the Kerala Registration of Marriages Rules)," the Court said..The petitioners before the Court had lived together briefly in 2014. To avoid legal repercussions and social issues, they got their marriage registered under the Kerala Registration of Marriages (Common) Rules, 2008.However, they later separated. They then jointly applied to cancel their marriage certificate on the ground that their marriage was not legally valid since it was not solemnised under the Special Marriage Act, 1954 (Act).The local Registrar rejected their request, stating there was no provision to cancel a properly registered marriage.The couple thus approached the High Court challenging this decision..The Court referred to Rule 13 of the 2008 Rules, which allows cancellation of a marriage certificate only if the entry is shown to be erroneous, fraudulent, or improperly made, subject to the sanction of the Registrar General.It pointed out that the Registrar, at the time of registration, had relied on the petitioner's own declaration, a memorandum confirming the date and place of marriage, and a certificate issued by a local self-government official who witnessed the solemnisation of the marriage along with the petitioners' witness.Relying on the precedent laid down in Pranav AM v Secretary, Engandiyur Grama Panchayat (2018 (3) KHC 128), the Court reiterated that the Registrar's duty was limited to being prima facie satisfied that the marriage was solemnised and not to examine the legal validity of the marriage..Finding no illegality in the Registrar's refusal to cancel the certificate, the Court dismissed the petition but clarified that the parties were free to approach a civil court if they wished to seek a declaration regarding their marital status..Advocates Cibi Thomas, Swarna Thomas, and Anusree K appeared for the petitioners.Senior Government Pleader Vidya Kuriakose appeared for state while the standing counsel R Surendran represented the Local Registrar of Marriages..[Read Judgement]