The Kerala High Court has clarified that a Local Registrar has no authority to cancel a marriage certificate unless it is proven that the registration was fraudulent or improperly conducted. This significant ruling came from Justice C.S. Dias in Hussain & Ors. v. State of Kerala & Ors. (WP(C) No. 4751 of 2025).
The petitioners—Hussain, a Muslim, and Dhanya, a Hindu—had registered their marriage in 2014 under the Kerala Registration of Marriages (Common) Rules, 2008, to avoid social and legal issues. However, their relationship ended shortly afterward, and they had been living separately for nearly ten years.
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They jointly applied to the Local Registrar for cancellation of their marriage certificate, asserting that their marriage had not been validly solemnised under the Special Marriage Act, 1954. Their plea was rejected, and they approached the High Court claiming that Rule 13 of the 2008 Rules allows cancellation if the registration was fraudulent or improper.
The Court, however, noted that no material evidence was produced by the petitioners to substantiate fraud or improper registration. The marriage was registered based on a joint memorandum, supporting documents, and declarations from witnesses and a local government member confirming that the marriage had occurred.
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“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,”
– Kerala High Court
The Court explained that Rule 13 permits cancellation only if the Registrar is satisfied that the registration was erroneous or fraudulent. It emphasised that the Registrar’s role is not to investigate the legal validity of the marriage but merely to verify if it was solemnised.
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The ruling relied on the precedent Pranav A.M. v. Secretary, Engandiyur Grama Panchayat [(2018) 3 KHC 128], reaffirming 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 fault in the Local Registrar’s decision, the Court dismissed the petition but gave liberty to the petitioners to approach a civil court to determine their marital status.
Case No. WP(C) NO. 4751 OF 2025
Case Title: Hussain & Ors. v. State of Kerala & Ors.
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
