The Madurai bench of Madras Excessive Court docket has held that with out present process a marriage ceremony as per respective private legal guidelines, customs, or utilization of custom of events, a pair can not current an software for registration of their marriage (names withheld to guard privateness).
A bench of Justice R Vijaykumar was listening to the case of a Muslim lady who alleged that she was compelled to marry her cousin by signing the wedding register on the workplace of the district registrar in Palayamkottai, Tirunelveli district.
“In case, if any marriage certificates is issued with out being preceded by any wedding ceremony, it may well solely be thought-about to be a faux marriage certificates,” the court docket mentioned. The choose added that the registration of marriage is a “consequential occasion” and never a “formal marriage”.
Whereas quashing the wedding dated August 14, 2014, issued by the district registrar, the court docket discovered that the registering authority had registered the wedding clearly in violation of the statutory provision (Tamil Nadu Registration of Marriages Act, 2009, hereinafter referred to as “the Act”) and guidelines (Guidelines), which requires the conduct of a wedding ceremony as per respective private legal guidelines earlier than registration.
“If any registration certificates is issued by any Registering Authority, with out their being preceded by a wedding ceremony of the events, the identical is not going to confer any marital standing upon the events,” the HC mentioned.
The lady had alleged that whereas she was pursuing her Bachelor’s diploma from Annai Hajira Women Faculty at Melapalayam, her cousin would “tease” her and on August 14, 2014, when she was attending school, he took her earlier than the registrar’s workplace in his automotive on the false pretext of her mom being unwell. She mentioned that it was on the registrar’s workplace the place he forcibly took images and threatened to kill her dad and mom if she refused to signal the wedding register.
Whereas stating that for the reason that lady and her cousin belong to Islam, the Act particularly stipulated that the statutory type should point out the identify and deal with of the “Jamath”, which had performed the wedding and, within the current case, nothing had been acknowledged within the software type.
The registering authority can not merely depend upon the statutory varieties and mechanically proceeded to register the wedding, mentioned the court docket, including that the registering authority ought to fulfill himself that the events have undergone the wedding ceremony as per their respective private legal guidelines earlier than registering the wedding. It’s a statutory obligation solid upon the registering authority, the court docket mentioned.
Whereas permitting the writ petition of the lady beneath Article 226 of the Structure of India searching for to quash the wedding registration certificates, the court docket directed the involved inspector common of registration, district registrar, and sub-registrar to delete the mentioned entry and file the identical within the marriage register ebook and different related information.
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