Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud Or Improper Registration: Kerala High Court
The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised...
The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.
Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised under any personal or special law.
The petitioners, who lived together briefly in 2014, had their marriage registered under the Kerala Registration of Marriages (Common) Rules, 2008, but later fell apart and had been living separately for nearly a decade. They filed a joint application before the Local Registrar seeking cancellation of their certificate, arguing that the marriage was invalid as it had not been solemnised under the Special Marriage Act, 1954. The Local Registrar rejected their application, stating that no provision permitted such cancellation.
Challenging the rejection, the petitioners argued that Rule 13 of the 2008 Rules empowers the Registrar to cancel marriage entries if they are fraudulent or improper.
However, the Court observed that there was no material produced by the petitioners to prove that the marriage registration was obtained by fraud or improper means.
“Having produced documents to the above effect and voluntarily testifying that the marriage was solemnised, the petitioners are estopped from reprobating that there is no valid marriage,” the Court noted.
The Court emphasised that the Registrar is not authorised to conduct an inquiry into the validity or legality of the marriage itself. Once the Registrar is satisfied that a marriage was solemnised, based on the declaration and supporting documents, they are duty-bound to register it. The correctness or validity of the marriage must be adjudicated by a competent civil court, not the Registrar.
Relying on the precedent in Pranav A.M. v. Secretary, Engandiyur Grama Panchayat [(2018) 3 KHC 128], the Court reiterated that:
“The Registrar is only to be prima facie satisfied that the marriage was solemnised as per the personal law of the parties. He is bound to register the marriage upon a declaration made by the parties, without entering into the legality of the marriage.”
Finding no illegality in the Local Registrar's rejection of the cancellation request, the Court dismissed the writ petition but clarified that the petitioners are free to approach a civil court for appropriate relief regarding their marital status.
Case No. WP(C) NO. 4751 OF 2025
Case Title: Hussain & Ors. v. State of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 344
Counsel for the Petitioner: Advs. Sri.Cibi Thomas, Smt.Swarna Thomas Smt.Anusree K.
Counsel For The Respondent: Adv Sri.R.Surendran , Sr.GP.Smt.Vidya Kuriakose