Special Marriage Act | Kerala High Court Asks State To Modify Software, Include Actual Date Of Ceremony In Marriage Certificate
The Kerala High Court recently directed the State to take steps to modify the PEARL software used to generate marriage registration certificates, so as to include the actual date of couples' marriage ceremony in the certificate.
Justice Sobha Annamma Eapen passed the order in a petition filed by a couple, who had solemnized their marriage in accordance with their customary law on 10.07.2022.
As they were employed abroad, they had to register the celebration of their marriage under Special Marriage Act, 1954. Accordingly, an application was filed by them under Section 15 of the Act to register their marriage, which was celebrated as per Hindu rites. However, the registration certificate was dated 01.10.2022 and the actual date of celebration of marriage was not included.
The petitioners approached the district registrar (1st respondent) and the marriage officer (2nd respondent) with representations to include the celebration date in the certificate. Their requests were not heeded to, necessitating them to approach the High Court invoking writ jurisdiction.
The respondent contended that the certificates are automatically generated through PEARL software in accordance with the provisions of the Act and there is no provision for the registering officer to enter date of celebration or to modify the certificate generated online.
The Court looked into the Fifth Schedule of the Act, which contains the form of certificate of marriage celebrated in other forms. It found that the last line of the form shows that there is a provision to include the date of celebration.
Referring to the purpose behind registration of marriage as per Section 15, the Court observed:
“Section 15 of the Act provides for registration of marriages celebrated in other forms. It is not a solemnization of the marriage, but registration of marriages celebrated in other forms. So, there is no dispute that the date of original celebration of the marriage is a date which is prior to the date of registration of the marriage. If the date of original celebration of the marriage is not shown in the certificate issued under the Act, in order to prove their original date of marriage, the petitioners will have to rely upon the certificate issued under the customary practice rules and to prove the date of registration of the marriage under the Act, they have to rely on the certificate issued under the Act… Unless the date of celebration is not shown, there is no meaning in issuing such a certificate to the petitioners. The respondents' failure to issue a proper certificate despite repeated requests contravenes the law.”
Recognizing the need to modify the format in the PEARL software, the Court impleaded the Additional Chief Secretary of Tax department and the Inspector General of Registration, and directed them to take steps for the same.
It then allowed the writ petition and directed the 2nd respondent to issue a fresh certificate mentioning the original date of celebration as well.
Case No: WP(C) No. 1019/2023
Case Title: Athul Dini and Anr. v. The District Registrar and Ors.
Citation: 2025 LiveLaw (Ker) 612
Counsel for the petitioners: Alias M. Cherian, K.M. Raphy, Bristo S. Pariyaram, Vivek Radhakrishnan, Arun C.S.
Counsel for the respondents: K.B. Sony – Public Prosecutor