Kerala High Court Mandates Inclusion of Original Marriage Date in Certificates
Court directs modification of PEARL software to comply with Special Marriage Act provisions
The Kerala High Court has ruled in favor of Athul Dini and his wife, directing the District Registrar to issue a corrected marriage certificate that includes the original date of their marriage. The judgment, delivered by Justice Mrs. Shoba Annamma Eapen on August 22, 2025, addresses a significant oversight in the marriage registration process as facilitated by the PEARL software.
Athul Dini and his wife, who were married according to Hindu rites on July 10, 2022, had their marriage registered under the Special Marriage Act, 1954. However, the certificate issued through the PEARL software failed to mention their original marriage date, citing limitations in the software’s design. This omission led the couple to seek judicial intervention, highlighting the necessity of such information for legal and administrative purposes, especially since they are employed abroad.
The court's decision emphasizes the requirement under Sections 15 and 16 of the Special Marriage Act, 1954, which mandates that marriage certificates must reflect the date of the original marriage celebration. Justice Eapen underscored that the fifth schedule of the Act clearly provides for the inclusion of this date, thus ensuring the certificate's validity and completeness.
Respondents argued that the software-generated certificate could not be modified to include the original marriage date due to technical constraints. However, the court dismissed this reasoning, stressing that administrative processes must align with statutory mandates. The judgment orders the authorities to rectify the software to ensure compliance, thereby facilitating the issuance of proper certificates to all applicants.
Justice Eapen's ruling also implores the Additional Chief Secretary of the Taxes Department and the Inspector General of Registration to take swift action in updating the PEARL software. This directive aims to prevent similar occurrences and streamline the marriage registration process for future applicants.
The decision marks a crucial step in ensuring administrative accuracy and adherence to legal standards in the issuance of marriage certificates. The court has allotted a one-month period for the issuance of a corrected certificate to the petitioners, who must return the flawed document upon receipt of the new one.
Bottom Line:
The authorities are obligated to issue a marriage certificate that reflects the original date of celebration of marriage, as per the prescribed format in the fifth schedule of the Special Marriage Act, 1954.
Statutory provision(s): Special Marriage Act, 1954 - Sections 15, 16, and 18
Athul Dini v. District Registrar (G), (Kerala) : Law Finder Doc Id # 2785839
