Validation of conversion not needed for marriage registration - High Court
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Kochi: The Kerala High Court has held that Registrar of Marriages need not examine the validity of a conversion for marriage registration in local self government bodies.
The court said that the Registrar is only bound to conduct a summary enquiry as to the legality of the marriage according to existing law of the country.
The court was considering a plea filed by a couple, Pranav of Thrissur district and his wife, a Filipino woman, whose marriage registration was denied by registration authorities of Engandiyur Panchayat.
Petitioners said that their marriage was solemnized on September 13, 2016 at a Hindu temple according to Hindu rites. However, the panchayat authorities refused to issue a registration certificate citing lack of clarity in the validity of conversion, and therefore the validity of the marriage itself. The couple approached the court for redress. The court appointed an amicus curiae to study the issue.
The court pointed out that marriage registration is not a mechanical process and it should be in accordance with the laws in the country.
"The Registrar is not the competent authority to decide on the competency to marry or validity of such marriages. He needs to have a prima facie view that the marriage had taken place in accordance with the personal law applicable to the parties. Once such a satisfaction is entered by the Registrar, he need not conduct further enquiry to the fact whether conversion to Hinduism or other religion is valid or not," the court said.
Further, when an individual declares himself as a Hindu or that he converted to HInduism, he can be treated as a Hindu by the authorities, especially since there is no prescribed rituals for such a conversion. And in this case there is evidence that the marriage was conducted as per Hindu Marriage Act. On this basis, the court directed the officials to register the marriage.
The HC judgment relied on the amicus curiae report and orders of the Supreme Court and high courts.