Kochi : The religions of parties are not a consideration while considering an application for registering a marriage, a Kerala high court judgment delivered Wednesday said.
Justice PV Kunhikrish nan said the only condition for registration of marriage as per Rule 6 of the Kerala Registration of Marriages (Common) Rules, 2008 is that the marriage is to be solemnized.
An application to register a marriage under the Rules of 2008 cannot be denied for the reason that the father or the mother of one of the parties belongs to a different religion, the HC said. The court was considering a petition filed by a Hindu man and a woman whose father is Hindu and whose mother a Muslim. The couple stated in the plea that they follow the Hindu religion and got married as per Hindu religious rites and customs.
Denying registration of marriage, the Kochi corporation secretary had asked the couple to register their marriage as per the Special Marriage Act. The corporation secretary said their marriage cannot be registered as it was not conducted as per any personal law of the parties or based on any statutory provisions.