Madras High Court
The Caste Denial Centre vs The Inspector General Of Registration on 16 February, 2023
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.5157 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 16.11.2022
PRONOUNCED ON : 16.02.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.5157 of 2016 &
WMP.No.4526 of 2016
The Caste Denial Centre,
Rep.by its Convener,
Anandha Munirasan ... Petitioner
.vs.
The Inspector General of Registration,
100, Santhome High Road,
Chennai 600 028 ... Respondent
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorari, to call for the records in Letter
No.56175/G2/2015 dated 14.01.2016 and to quash the same .
For Petitioner : M/s.V.Raghavachari
For Respondent : Mr.K.Tippu Sulthan
Government Advocate.
______________
https://www.mhc.tn.gov.in/judis
Page No 1 of 27
W.P.No.5157 of 2016
ORDER
The petitioner has challenged the impugned order dated 14.01.2016 of the respondent Registrar, Registration Department bearing Reference Letter No.56175/G2/2015.
2. By the impugned order, the respondent has mandated wherever there is an inter-faith marriage between two persons under the personal law belonging to different religions, production of certificate of conversion is a must before registering the marriage under the provisions of the Tamil Nadu Registration of Marriages Act, 2009 or in the alternative the marriage should be registered under the provisions of the Special Marriage Act, 1954.
3. Relevant portion of the impugned order reads as under:-
Tamil English `/ jkpH;ehL jpUkzr; rl;lj;jpd; fPH; In cases where the petitions jpUkz Fwpgg; hizfis gjpt[ received for registration of bra;jplf; nfhhpg; bgwg;gLk; marriage under the Tamil Nadu kDf;fSs; nkw;brhd;d 'x' 'X' Marriage Act, 2009 do not kw;Wk; 'xs' y; fz;l epge;jid comply with the conditions fis g{h;jj ; p bra;;ahj epfH;t[fspy;. mentioned above in paragraphs ______________ https://www.mhc.tn.gov.in/judis Page No 2 of 27 W.P.No.5157 of 2016 Tamil English jpUkzg;gjpit jkpHe; hL jpUkzr; ‘J’, ‘K’, ‘L’, the registration rl;lk;. 2009y; gphpt[ 7(1) (a) d;go shall be refused and returned as gjpt[ bra;a; kWj;J jpUk;g mspf;f per Section 7(1)(a) of the Tamil ntz;Lk;/ kzkf;fspy; xUth; ntW Nadu Marriage Act, 2009 kjj;ij rhh;e;jtuhf ,Ug;gpd; kw;Wk; where one of the spouses ,dk; 'X' kw;Wk; 'xs; bjhptpj;j belongs to a different religion epge;jidfisg; g{h;jj; p bra;ahJ and does not fulfill the ,Uf;Fk; epfH;tpy; mth;fspd; conditions mentioned in jpUkzg;gjpit Kjypy; rpwg;g[ paragraphs ‘K’ & 'L' such jpUkzr; rl;lk;. 1954d; fPH; gjpt[ marriage must first be bra;jpl ntz;Lbkdj; bjhptpj;J. registered under the Special mjd; gpd;dnu jpkpH;ehL Marriage Act, 1954, jpUkzg;gjpt[r; rl;lj;jpd; fPH; gjpt[ thereafter marriage can be bra;ag;gl ntz;Lk;/ registered under the Tamil Nadu Marriage Act.
I. Para – J( X) is reproduced below : -
Tamil English
“x. fPnH bjhptpff; g;gl;Ls;s *In the table given below details
ml;ltizapy; kzkf;fspd; kjk;. as to the religion of the bride and ve;j rl;lj;jpd; fPH; gjpt[ bra;a; groom, under which Act the ntz;Lk; nghd;w tptu';fs; marriage has to be registered is mentioned. Apart from these, bfhLf;fg;gl;Ls;sd/ ,itay;yhky; other conditions prescribed in rl;lj;jpy; brhy;yg;gl;l ,ju law must also be observed epge;jidisa[k; jtwhJ without fail.
filgpof;fntz;Lk;/ vLj;Jf;fhl;lhf :
______________ https://www.mhc.tn.gov.in/judis Page No 3 of 27 W.P.No.5157 of 2016 Details Required :-
t/v jpUkzr;
kzkf;fspd; jpUkzk; elj;j jhf;fy; bra;;ag;gl z; rl;lk; kjk; mjpfhuk; ntz;oa Mtzk; S.No. Marriage Act Religion of the bgw;wth; Documents to be bride and Person who has produced groom the authority to solemnize the marriage 1 ,e;J ,UtUk; ,e;J jpUkzk; ele;jJ jpUkzr;rl;lk;. ,e;Jf;fs; jpUkzr;rl;lk; vd rhh;gjpthsh;
1955 rkzh;fs;. 7 (k) 7-Ad; kdepiwtila[k;
kw;Wk; fPH; Fwpgg; pll; tifapy;
bgsj;jh;fs; egh; tH';fg;gLk; rhd;W/
Hindu Both the Persons Certificate
Marriage Act, parties are mentioned produced in order
1955 Hindus, Jains under Section to satisfy the
and Buddhist 7A of the registrar that the
Hindu marriage has been
Marriage Act. solemnized
cordially
2 fpUj;Jt ,UtUk; ,e;jpa fpUj;Jt 1/fpUj;Jt
jpUkzr;rl;lk; fpUj;Jth;fs; jpUkzr;r; l;lk; ghjphpahh; my;yJ
1872 my;yJ xUth; 2/ chpkk; bow;;w
gphpt[ 5d; fPH;
fpUj;Jth; fpUj;Jt gjpt[
mjpfhuk;; bgw;w mYtyh; mspj;j
egh; gjpt[r; rhd;W
Christian 1.Marriage
Both the
Marriage Act, Person registration
______________
https://www.mhc.tn.gov.in/judis Page No 4 of 27 W.P.No.5157 of 2016 t/v jpUkzr; kzkf;fspd; jpUkzk; elj;j jhf;fy; bra;;ag;gl z; rl;lk; kjk; mjpfhuk; ntz;oa Mtzk;
S.No. Marriage Act Religion of the bgw;wth; Documents to be bride and Person who has produced groom the authority to solemnize the marriage 1872 parties are mentioned certificate given Christians or under Section 5 by pastor or one party is of the Christian 2.Certified Christian Marriage Act. Christian regis tering officer 3 ,!;yhkpa ,UtUk; $khj;jpd; thfpy; (Vakil)/ jpUkzr;rl;lk; ,!;yhkpah;fs; mjpfhuk; Ky;yh (Mullah) bgw;wegh; ,khk; (Imam) my;yJ fh$p (Qazi) mspf;Fk;
jpUkzg; gjpt[
rhd;W
Both the parties are Marriage
Muslims
muslims Person authorized registration
Personal Law
by Jamaat certificate given by
Advocate /Mullah/
Imam/ Qazi
4 rpwg;gj[ ; vk;kjj;jpduhft[k;gjpt[ mYtyh; rpwg;gj[ ; jpUkz
jpUkzr;rl;lk;. ,Uf;fyhk; (rhh;gjpthsh;) rhd;wpd; efy;
1954
Registering Offi Copy of special
Special Parties belonging
cer (Sub Regis marriage certificate Marriage Act, to any religion 1954 trar) ______________ https://www.mhc.tn.gov.in/judis Page No 5 of 27 W.P.No.5157 of 2016 II. Para 'X' (K) is reproduced below:-
Tamil English X/ kzkf;fs; jpUkzj;jpwF ; Kd; *If the bride and groom were of btt;ntW kjj;jpduhf ,Ue;j epfH;tpy; different religions before fPH;fhZk; rhd;whtz';fis bgw;W marriage they must obtain the ghprPypjj; gpd;dnu jkpH; ehL gjpt[j; following certificates and after jpUkzr; rl;lj;jpd; fPH; jpUkz scrutinisation of the same, Fwpgg; hizfis gjpt[ bra;jpl marriage certificate should be ntz;Lk;/ registered under the Tamil nadu Registration of Marriage Act.
Required Details jpUkzk; eilbgw;w Kiw jhf;fy; bra;;ag;gl ntz;oa Mtzk;
* The manner in which the *Documents to be produced marriage was solemnized ,e;J kjr; rl';F Hindu Conversion Certificate Hindu Rituals fpUj;Jt kjr; rl';F njthya';fshy; tH';fg;gLk; Christian Rituals kjkhw;wk; Fwpj;j “"hd!;ehd rhd;W/ Conversion Baptism certificate issued by the Church ,!;yhkpa kjr; rl';F Ikhj;jpy; tH';fg;gLk; kjkhw;W Muslims Rituals rhd;W/ ______________ https://www.mhc.tn.gov.in/judis Page No 6 of 27 W.P.No.5157 of 2016 jpUkzk; eilbgw;w Kiw jhf;fy; bra;;ag;gl ntz;oa Mtzk;
* The manner in which the *Documents to be produced marriage was solemnized Conversion certificate issued by the Jamaat III. Para L (xs) is reproduced below : -
Tamil English Xs/ ,e;J jpUkzg; gjpt[r; rl;lk; Under Section 7-A of the Hindu gphpt[ 7d; fPH; Rakhpahij kw;Wk; Marriage Registration Act, self-respect rPh;jpUj;j Kiwg;go eilbgWk; and reformed marriage are applicable only to those persons who can register jpUkz';fs; ,e;J jpUkzr; under the Hindu Marriage Act and not rl;lj;jpd; fPH; gjpt[ bra;J to persons belonging to other religions. b; fhs;s Toa egh;fSf;F kl;Lnk bghUe;Jk;/ Vida kjj;jpdUf;F ,J bghUe;jhJ/ IV) Para M ( `) is reproduced below : -
Tamil English `/ jkpH;ehL jpUkzr;rl;lj;jpd; fPH; In cases where the petitions jpUkz Fwpgg; hizfis gjpt[ received for registration of bra;jplf; nfhhpg; bgwg;gLk; kDf;fSs; marriage under the Tamil nadu nkw;brhd;d 'x'. 'X' kw;Wk; 'xs Marriage Act do not comply with the conditions mentioned bjhptpj;j epge;jidisg; g{h;j;jp above in paragraphs 'J', 'K', 'L', bra;;ahj epfH;t[fspy;. jpUkzg;gjpit the registration shall be refused jkpH;ehL jpUkzr;rl;lk;. 2009y; gphpt[ and returned as per Section 7(1) 7(1)(a)d;go gjpt[ bra;;a kWj;J jpUk;g (a) of the Tamil Nadu Marriage ______________ https://www.mhc.tn.gov.in/judis Page No 7 of 27 W.P.No.5157 of 2016 Tamil English mspff; ntz;Lk;/ kzkf;fspy; xUth; Act, 2009. In case one of the ntW kjj;ij rhh;ej; tuhf ,Ug;gpd; spouses belongs to a different kw;Wk; ,dk; X kw;Wk; x bjhptpj;j religion and does not fulfill the epge;jidfisg; g{h;jj; p bra;ahJ conditions mentioned in ,Uf;Fk; epfH;tpy; mth;fspd; paragraphs 'J', 'K', their marriage jpUkzg;gjpit Kjypy; rpwg;g[ must first be registered under the Special Marriage Act, 1954, jpUkzr;rl;lk;. 1954d; fPH; gjpt[ thereafter marriage can be bra;jpl ntz;Lbkdj; bjhptpj;J. registered under the Tamil Nadu mjd; gpd;dnu jpkpH;ehL Marriage Act. jpUkzg;gjpt[r; rl;lj;jpd; fPH; gjpt[ bra;ag;gl ntz;Lk;/ mm/ nkw;fz;l epge;jidfisg; g{h;j;jp Only marriages of those parties bra;j kzkf;fspd; jpUkz';fs; who fulfill the above conditions kl;Lnk jkpH; ehL jpUkzg; gjpt[r; are advised to be registered rl;lk;. 2009d; fPH; gjpt[ bra;ag;gl under the Tamil Nadu Marriage ntz;Lk; vd mwpt[Wj;jg;gLfpwJ/ Registration Act, 2009.
mM/ ,e;J my;yhj xUth;.
jpUkzj;jpw;F Kd;g[ chpatHp Kiwapy; There is no bar to a Non-Hindu ,e;Jthf khwpapUe;J. ,e;J who converted to Hinduism by jpUkzr;rl;lk; gphpt[ 7. 7Ad; fPH; due process from being epiwntw;wg;gl;l jpUkzj;ij jkpH;ehL registered under the Tamil Nadu jpUkzg;gjpt[r; rl;lj;jpd; fPH; gjpt[ bra;jplj; jilnaJk; ,y;iy.
m,/ jkpH; ehL jpUkzg; gjpt[r;rl;lk;
,U ,e;jpa Fokf;fSf;F ,ilna The Tamil Nadu Marriage Registration Act applies only to epiwntw;wg;gl;l jpUkz';fSf;F those marriages solemnized kl;Lnk bghUe;Jk;/ khz;g[kpF between two Indian citizens. cr;rePjpkd;wk; Smt.Seema Vs. Ash The Hon'ble Supreme Court in wani Kumar vd;w tHf;fpy; Smt.Seema vs. Ashwani gpwg;gpf;fg;gl;l jPhg; g; [iuapy; fPH;fhZkhW Kumar as delivered a Judgment fUj;J bjh[ptpjJ ; s;sJ/ ______________ https://www.mhc.tn.gov.in/judis Page No 8 of 27 W.P.No.5157 of 2016 Tamil English '”...... marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized”.
,e;j jPhg; g; [iuapd; mog;gilapnyna It was on the basis of this jkpH;ehL jpUkzg;gjpt[r; rl;lk; 2009 Judgment that the Tamil Nadu ,aw;wg;gl;lJ/ Marriage Registration Act, 2009 was enacted.
m</ cah;ePjpkd;w mwpt[Wj;jypd;go rhh;gjpthsh; mYtyf';fspy; Ma;t[ As instructed by the High Court, nkw;bfhz;ljpy; fPH;fhZk; FiwghLfs; the following deficiencies were fz;Lgpof;fg;gl;ld/” found during the inspection of the Sub Registrar office.
4. The present writ petition has been filed by the petitioner Association. The Deed of Registration of Association registered as Document No.186 dated 17.02.2010. The objectives of the petitioner Association which reads as under:-
1. ,e;j rhjp kWg;g[ jpUkz ikak;
mwf;fl;lis vd;W bgah; Kot[ bra;J ehd; epWtdh; kw;Wk;
xU';fpizg;ghsh; bghWg;g[ tfpj;J ,d;W njjpapy; gjpt[ bra;ag;gLfpwJ.
2. khtl;lk;. jpz;Lf;fy; efuk;. ,uhzp k';fk;khs; fhydp. 3tJ FWf;Fj; bjU.
______________ https://www.mhc.tn.gov.in/judis Page No 9 of 27 W.P.No.5157 of 2016 fjt[ vz;.L-26 vd;w Kfthpapy; elj;jpl tuntz;oaJ vd;Wk;.
3. ,e;j mwf;fl;lisapd; ,lk; gpd;dhy; khw;wk; bra;a ntz;oapUe;jhy; ehDk;. vdJ mwf;fl;lisf;F ehd; ghh;j;J njh;t[ bra;J ,ju gjtpapy; bghWg;g[ tfpf;Fk; egh;fSk; kw;Wk;
cWg;gpdh;fspd; rk;kjj;jpd; nghpYk; ,lkhw;wk; bra;J bjhlh;e;J elj;jp tuntz;oaJ vd;Wk;.
4. ,e;j mwf;fl;lisf;F ehd; Kot[ bra;J jpz;Lf;fy; efuk;. fjt[ vz;/60. fpHf;F uh$Pt; efh;/ ghyfpU#;;zhg[uj;jpy;
trpf;Fk; K/Mde;jKdpuh$d; mth;fspd; kidtp jpUkjp.gphpajh;c#pdp mth;fs; bghUshsh; gjtpf;F vd;dhy; njh;t[ bra;ag;gl;Ls;shh;.
5. jpz;Lf;fy; khtl;lk;. epyf;nfhl;il tl;lk;. gs;sgl;o. Kjd;ikrhiy. fjt[ vz;/2/58. kzp ,y;yk; FoapUf;Fk;
g{kpghyd; mth;fspd; kfd; Kidth;
kzpkhwd; mth;fs; brayhsh; gjtpf;F vd;dhy; njh;t[ bra;ag;gl;Ls;shh;.
5. The petitioner claims to be a person who is taking steps for removing caste discriminations by virtue of birth. The challenge to the impugned order is on the following grounds:-
i) That the respondent has no powers to issue such directions contrary to the scheme of the state.
ii) That insistence of conversation certificate for the purpose of registration of marriage is against the directions of Hon’ble Supreme Court in (2006) 2 SCC 578
iii)That the respondent should have appreciated the object of Tamil Nadu ______________ https://www.mhc.tn.gov.in/judis Page No 10 of 27 W.P.No.5157 of 2016 Registration of Marriages Act, 2009 is not direct to adjudicate the validity of marriage but with the performance of it.
iv) That the order of the respondent is beyond his competence and per se unconstitutional.
6. The Hon’ble Supreme Court in Smt.Seema Vs. Ashwani Kumar, 2006 (2) SCC 578 was of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in the respective States, where the marriage is solemnized.
7. The Supreme Court, in the above order has observed that the effect of non-registration would be that the presumption which is available from registration of marriage would be denied to a person whose marriage is not registered.
8. Pursuant to the decision of the Hon'ble Supreme Court, the Tamil Nadu Government had made the registration of marriage compulsory by enacting Tamil Nadu Registration of Marriages Act, 2009.
______________ https://www.mhc.tn.gov.in/judis Page No 11 of 27 W.P.No.5157 of 2016
9. It is submitted that while it is laudable that the marriages are registered, the question of the respondents insisting on conversion certificate in terms of the impugned order while registering the marriage cannot be countenanced. It is submitted that the impugned communication/order of the first respondent is contrary to the provisions of the Tamil Nadu Registration of Marriages Act, 2009 and the Rules made there under.
10. It is submitted that as long as marriage certificates are produced, question of insisting for conversion certificate cannot be countenanced. It is submitted that the respondents are unnecessarily creating a divide in the society based on caste, creed, religion of the parties to marriage and thereby is further creating unnecessary problems in the registration of marriages solemnized under the respective personal law for registration of marriage under the provisions of the Tamil Nadu Registration of Marriages Act, 2009.
11. The writ petition is opposed by the learned Government ______________ https://www.mhc.tn.gov.in/judis Page No 12 of 27 W.P.No.5157 of 2016 Advocate for the respondent stating that the petitioner who is representing himself as a marriage officer solemnizing marriages contrary to various personal law of persons belonging to different religions.
12. In this connection, a reference was made to the decision of the Hon'ble Division Bench of this Court rendered in H.C.P.Nos.2767 of 2013 and 2141 of 2014 dated 17.10.2014, wherein it was held as fol lows:-
41. Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms, will not amount to solemnization and only women who are victims of such marriage can question the same in matrimonial proceedings before the appropriate Court as a question of fact.
[b] No registration of marriage can be done under the Tamil Nadu Registration of Marriages Act, 2009 without the physical presence of the parties to the marriage before the Registrar, except under special circumstances after recording the reasons. [c] If a complaint is made by a party to the marriage to the Bar Council of Tamil Nadu and Puducherry against a Priest-cum- Advocate, the Bar Council shall take appropriate action in accordance with law.
______________ https://www.mhc.tn.gov.in/judis Page No 13 of 27 W.P.No.5157 of 2016 [d] On complaints lodged by the Registering Authorities seeking protection, the police are directed to afford sufficient protection immediately.”
13. It is submitted that it is in the light of the above decision, the impugned Order has been issued by the respondent to ensure that there is no abuse in the registration of marriage under the Tamil Nadu Registration of Marriages Act, 2009.
14. That apart, the learned Government Advocate for the respondent has drawn attention to the Writ Petition pending before the Madurai Bench of Madras High Court in W.P.(MD).No.23528 of 2015 for declaring the registration as null and void filed by one of the victim of one such marriage which was solemnized by the petitioner. It is submitted that the marriage certificate was issued under the provisions of the aforesaid Act on 15.05.2013 by the Registrar of Marriage, Sub-
Registrar, Nagal Naickkan Patti, Dindigul.
15. It is submitted that marriage certificates issued has for inter-
______________ https://www.mhc.tn.gov.in/judis Page No 14 of 27 W.P.No.5157 of 2016 faith couples without appropriate conversion certificate has resulted in abuse by agents and is resulting in forceful conversion of young persons and is having drastic consequences on them and in the society. Therefore, he submits that the writ petition is liable to be dismissed as the impugned order is intended to protect the couples who desire to opt for inter-faith marriage.
16. Heard the learned counsels of the Petitioner and the learned Government Advocate for the Respondent.
17. This writ petition ought to have been filed as PIL. However, this writ petition was directed to be listed on 11.02.2016 and thereafter was admitted on 03.03.2016.
18. Considering the fact that the writ petition has already been admitted, I proceed to examine the merits challenge to the impugned order dated 14.01.2016 bearing Reference No.56175/G2/2015 of the respondent.
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19. A reading of Section 3 of the Tamil Nadu Registration of Marriage Act, 2009, indicates that marriage performed after the commencement of the Act has to be compulsorily registered under the said Act. The provisions employs a “non obstante” clause.
Notwithstanding that fact that a marriage may have been entered in the marriage registers maintained under personal laws, such marriage has to be registered under Tamil Nadu Registration of Marriage Act, 2009 after the commencement of the Act.
20. The Government has been vested with the power to issue notification to appoint a person to be the Registrar General of Marriages for the State of Tamil Nadu, under Section 4 of the aforesaid Act. The Government also has to appoint a person to be the District Registrar of Marriages for each District for carrying out the purpose of this Act.
21. As per Sub-section (3) and (4) to Section 4 of the Tamil Nadu Registration of Marriages Act, 2009, the Government shall, by noti fication, appoint such number of persons as it thinks necessary, to be the Registrar of Marriages for such local areas as may be specified in the no ______________ https://www.mhc.tn.gov.in/judis Page No 16 of 27 W.P.No.5157 of 2016 tification, and one or more Registrars may be appointed for one or more such areas for general supervision and control of the Registrar General.
22. The parties to a marriage shall prepare a memorandum in such Form as may be prescribed and shall deliver or send in the manner as may be prescribed to the Registrar of the marriage within a period of 90 days from the date of the marriage. Section 5 of the Tamil Nadu Registration of Marriages Act, 2009, reads as under:-
Section 5(1): “The parties to a marriage shall prepare a memorandum in such Form as may be prescribed in duplicate and shall deliver or send in the manner as may be prescribed, to the Registrar of the area where the marriage is performed within ninety days from the date of the marriage.
Provided that the memorandum may be delivered or sent to the Registrar within a further period of sixty days after the expiry of the said ninety days with the payment of additional fee as may be prescribed.
(2) Nothing in the proviso to sub-section (1) shall affect the liability of any person to any penalty under clause(a) of sub-section (1) of section 14.
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23. In this connection, Section 7 and Section 11(1)(a) & (b) of the Tamil Nadu Registration of Marriages Act, 2009 are also relevant.
They read as under:-
Section 7 Section 11(1)(a) & (b) “7. Power to refuse registration “11. Search of Marriage of marriage – register - Where the Registrar, before
whom the memorandum is (1) Subject to any rules made in delivered or sent under section this behalf by the 5 on scrutiny of the documents Government including the filed with the memorandum or, rules relating to payment of on the other facts noticed or fee, any person may,— brought to his notice, is satisfied or has reason to (a)cause a search to be made by believe that,— the Registrar for any entry in the register of marriages;
(a)the marriage between the and parties is not performed in (b)obtain an extract from such accordance with the personal register relating to laws of the parties, or any marriages. custom or usage or tradition; (2)All extracts given under this or section shall be certified by the
(b) the identity of the parties or Registrar and shall be the witnesses or the persons admissible in evidence for the testifying the identity of the purpose of proving the parties and the performance of marriage to which the entry the marriage is not established relates.” beyond reasonable doubt; or
(c) the documents tendered before him do not prove the marital status of the parties, ______________ https://www.mhc.tn.gov.in/judis Page No 18 of 27 W.P.No.5157 of 2016 Section 7 Section 11(1)(a) & (b) he may, after hearing the parties and recording the reasons in writing, refuse to register the marriage and may,—
(i)call upon the parties to produce such further information or documents as deemed necessary, for establishing the identity of the parties and the witnesses or correctness of the information or documents presented to him, or
ii)if deemed necessary, also refer the papers to the local police station within whose jurisdiction the parties reside, for verification.
(2)Where, on further verification as provided in sub-section (1), the Registrar is satisfied that there is no objection to register the marriage, he may register the same. If in the opinion of the Registrar, the marriage is not fit for registration, he may pass an order of refusal in writing, recording the reasons therefor. “ ______________ https://www.mhc.tn.gov.in/judis Page No 19 of 27 W.P.No.5157 of 2016
24. As per Rule 5(8) of the Tamil Nadu Registration Rules, 2009, if the Registrar is not satisfied about the identity of the parties or the witnesses, or about the correctness of the statements made in the memorandum, the Registrar may, after hearing the parties and after recording the reasons in writing, pass an order of refusal to register the marriage in Form-IV and send a copy thereof to the District Registrar.
Thus, the impugned order which serves as a guide cannot be faulted.
25. In Lily Thomas v. Union of India, (2000) 6 SCC 224 and Sarla Mudgal v. Union of India, (1995) 3 SCC 635,the Supreme Court has held that religious conversion without a bona fide belief and for the sole purpose of deriving some legal benefit are illegal. The cases pertained to conversions to Islam by Hindu/Parsi, married under personal law, to contract bigamous marriages during the subsistence of their earlier marriage. In the opinion of the Court, such a marriage would be void. The conversion to different religion before marriage for the purpose of contracting marriage is now a recognized phenomenon. There is no impediment for conversion to different faith.
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26. Arguments of the learned counsel for the petitioner that the respondent should not insist on conversion certificate wherever there is an inter-faith marriage cannot be countenanced as inter-faith marriage under the respective personal law can happen only if there is a conversion. Inter-faith Marriage under the Hindu Marriage Act, 1955, or under Muslim Personal Law, (Shariyat) Application Act, or under the Arya Marriage Validation Act or under Christian Marriage Act, 1872 can be only between two persons who belong to different faith and one or both of them chose to convert themselves to the religion and live as husband and wife by following the religious practice.
27. Court is of the view that before the marriage is solemnized between persons belonging to different faith by birth, there should be a proper conversion to the faith,duly certified by the persons qualified under the respective personal laws. It is only thereafter, such marriage can be solemnized under the personal law and allowed to be registered under the Tamil nadu Registration Rules, 2009.
______________ https://www.mhc.tn.gov.in/judis Page No 21 of 27 W.P.No.5157 of 2016
28. Where parties to marriage belong to different religions and there is an inter-faith marriage contemplated between them under any of the personal law, there has to be a conversation before the marriage can be solemnized under the personal laws. Only after such conversion, mar riage can be solemnized under the personal laws.
29. It would be however, different in the case of a secular form of marriage under the provisions of the Special Marriage Act, 1954 where the Act itself permits marriage by registration before the authority.
30. Those, who fail to produce such certificates of conversion, will have to opt for marriage by registration under the provisions of the Special Marriage Act, 1954, in which case, requirement of conversion would not arise as mentioned above.
31. Therefore, for registration of such inter-faith marriage, it is mandatory for the parties to the marriage produce conversion certificate as otherwise there is a scope for large scale abuse in the registration of ______________ https://www.mhc.tn.gov.in/judis Page No 22 of 27 W.P.No.5157 of 2016 marriage under the Tamil Nadu Registration of Marriages Act, 2009.
32. Therefore, wherever, there is an inter-faith marriage solemnized under a particular customary practice under the personal law, it should precede with a conversion and therefore to register such marriage under the provisions of the Tamil Nadu Registration of Marriages Act, 2009, requirement of certificate of conversion cannot be objected.
33. Since, registration of marriage is compulsory under the Tamil Nadu Registration of Marriages Act, 2009, the authorities are required to satisfy themselves, whether indeed there was a valid conversion before such marriages was performed to qualify as a valid marriage under the Hindu Marriage Act, 1955, Christian Marriage Act, 1872 and Muslims Personal Laws. Misuse of registration of Marriage at the Chambers of Advocates and Bar Association and in other places including Police Stations have been highlighted by the Division Bench of this Court.
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34. The Special Marriage Act, 1954 is a secular enactment providing for marriage by registration. All marriages, whether inter-faith or contracted in any other form, including, under the personal law can be registered under the Special Marriage Act. The Act mandates conditions relating to solemnization of special marriage. The Special Marriage Act,1954 further mandates that parties to the marriage shall give prior notice in writing to the Marriage Officer; the marriage ceremony is required to be performed within three months from the date of notice.
35. The Special Marriage Act,1954 further requires domicile of one of the parties for a period of not less than 30 days immediately proceeding such notice. The marriages performed under the aforesaid act are secular marriage and are performed after due process and complying with the safe-guards prescribed under the Act and the Rules.
36. Only in the case of marriage before the Registrar of Marriage under the Special Marriage Act, 1954, question of insisting conversion certificate cannot be countenanced as the Parliament enacted Special Marriage Act, 1954, for regulating and registration of inter-faith ______________ https://www.mhc.tn.gov.in/judis Page No 24 of 27 W.P.No.5157 of 2016 marriage.
37. In the light of the above, the challenge to the impugned order of the respondent, Registrar insisting on conversion certificate in case of marriages performed under the Special Marriage Act,1954 alone is liable to be declared unnecessary.
38. This writ petition stands partly allowed in terms of above.
No costs. Consequently, connected miscellaneous petition is closed.
16.02.2023
Index : Yes/No
Internet : Yes/No
Speaking : Non-speaking Order
kkd
To
The Inspector General of Registration, 100, Santhome High Road, Chennai 600 028 ______________ https://www.mhc.tn.gov.in/judis Page No 25 of 27 W.P.No.5157 of 2016 C.SARAVANAN, J.
kkd Pre-delivery Order in W.P.No.5157 of 2016 ______________ https://www.mhc.tn.gov.in/judis Page No 26 of 27 W.P.No.5157 of 2016 16.02.2023 ______________ https://www.mhc.tn.gov.in/judis Page No 27 of 27