KOCHI: The Kerala High Court stated that to register a marriage under the Kerala Registration of Marriages (Common) Rules, religion should not be considered and it is only necessary to ensure that the marriage had taken place.
Justice PV Kunjikrishnan reminded that this is a secular country where every citizen has the right to believe in the religion of his choice and also stated that we are followers of social reformers Sree Narayana Guru and Ayyankali.
The court stated this while considering the petition filed by couple PR Lalan and Aisha against the stance of Kochi Municipal authorities that their marriage cannot be registered as the bride’s mother is a Muslim. The court granted their plea. The couple tied the knot on December 2, 2021 at Kadavanthra Lions Club Hall. Since the bride's mother is a Muslim, the municipal corporation was of the view that the marriage can only be registered under the Special Marriage Act.
The Kerala Registration of Marriages (Common) Rules came into force in 2008 following a Supreme Court order. The registration is to protect the interests of women and children born out of wedlock. The religion of bride's mother's need not be considered for this. The order said that the marriage of the petitioners should be registered within two weeks and a copy of the order should be given to the secretary of the Local Administration department to avoid recurrence of such incidents.
Justice PV Kunjikrishnan stated Sree Narayana Guru’s teaching in the order that ‘devoid of diving walls of caste or race or hatred of rival faith, we all live here in brotherhood’. He suggested that the officers in charge of marriage registration should remember this saying.