KOCHI: The High Court has instructed the local bodies to ensure the legality of registered marriages. A Division Bench consisting of Muhammad Mushtaq and Justice Sophie Thomas noted that marriage certificates are being issued without proper understanding. The High Court has directed the government to present its stance and has postponed the matter until September 11.
The division bench's involvement stemmed from a habeas corpus petition filed by a resident of Kottayam seeking the release of his wife. A young man from the Hindu Ezhava community had married a Christian woman in a temple. Subsequently, the marriage was registered with the panchayat under the common marriage rules. However, the woman was later abducted by her family. The High Court deliberated on the matter of whether a marriage between individuals of different religions could be registered under the Civil Marriage Act. The argument was made that marriages between people of different religions should not be registered according to this regulation and local bodies are registering such marriages regardless of this. The High Court questioned whether local bodies should at least verify the legality of the marriage, even if they cannot determine its validity. The secretary of the local department was added as a party voluntarily and their stance was requested.