Court Exercises Article 226 Powers to Support Petitioner's Genuine and Compassionate Grounds for Name Change
In a landmark judgment, the Kerala High Court exercised its extraordinary jurisdiction under Article 226 of the Indian Constitution to allow the addition of a new name in a marriage certificate. The case involved the petitioner, Aayisha Muhsin, formerly known as Sreeja, who sought to have her new name included in the marriage certificate issued under the Kerala Registration of Marriage (Common) Rules, 2008. The court's decision came after considering the compassionate grounds presented by the petitioner and her family's desire for her happiness in marital life.
The petitioner, who married Ahmad Muhsin under the Special Marriage Act, 1954, had voluntarily adopted her husband's Islamic faith and changed her name to "Aayisha Muhsin" in 2023. This change was formally recognized in various official documents, including her passport, Aadhaar card, and driving license. However, the marriage certificate still bore her original name, "Sreeja," which posed challenges in obtaining a family visa for the United Arab Emirates, where her husband works.
The Kerala High Court noted that Rule 13 of the Kerala Registration of Marriage (Common) Rules, 2008, prohibits major changes to the marriage register unless entries are erroneous, fraudulent, or improperly made. Despite this, the court highlighted the exceptional circumstances and the need to uphold the genuine wishes of the petitioner's parents and the petitioner's desire for marital happiness.
The court referenced previous cases where similar extraordinary jurisdiction was exercised, emphasizing that while major changes are typically barred, there is no explicit prohibition against making necessary amendments when backed by compelling personal reasons. The judgment underscored the secular nature of India, where individuals are free to adopt different religions without necessarily altering their names.
Ultimately, the court directed the respondents to add the name "Aayisha Muhsin" as an additional entry in the marriage register and issue a revised marriage certificate within a month. This decision underscores the judiciary's willingness to accommodate personal and compassionate requests, reflecting the flexibility within India's legal framework to address unique individual circumstances.
Bottom Line:
Change of name in marriage certificate under Kerala Registration of Marriage (Common) Rules, 2008 - Major changes in the name on a marriage certificate are not permissible under Rule 13 unless it is erroneous, fraudulent, or improperly made. However, extraordinary jurisdiction under Article 226 of the Constitution of India can be exercised to allow changes in the marriage certificate to fulfill genuine and compassionate grounds.
Statutory provision(s): Article 226 of the Constitution of India, Kerala Registration of Marriage (Common) Rules, 2008, Rule 13, Special Marriage Act, 1954
