The Kerala High Court at Ernakulam on Friday stepped in to resolve a peculiar but serious problem faced by a young couple whose marriage certificate did not reflect the real date of their wedding. Justice Shoba Annama Eapen ruled that marriage certificates issued under the Special Marriage Act must include the original date of celebration, not just the date of registration.
Background
Petitioners Athul Dini (29) from Ernakulam and Athulya Raj (31) from Kollam got married on 10 July 2022 according to Hindu customs. Later, as both were working abroad, they registered their marriage under Section 15 of the Special Marriage Act, 1954, before the Marriage Officer at Thrikkakara.
However, when the couple received their certificate in October 2022, the crucial detail - the actual wedding date - was missing. The certificate only showed the date of registration.
"We were shocked to see that our marriage certificate did not mention when we actually got married," the petitioners argued through their counsel.
The authorities replied that the omission was due to the online registration system "PEARL," which automatically generated certificates without space for the original wedding date. They added that earlier, when certificates were issued manually, the wedding date used to be recorded, but under the software-driven format, it was no longer possible.
Court's Observations
Justice Eapen did not accept this reasoning. She pointed to the fifth schedule of the Special Marriage Act, which clearly allows space for recording the original date of celebration.
"The reason for not mentioning the date of celebration, as stated by the respondents, is that the certificates are issued by PEARL software. It may be true that the form uploaded in the software is not the correct form. However, as per the Act, there is a provision for including the date," the bench observed.
The court highlighted the hardship caused to the couple, who had to repeatedly approach officials only to be turned away. Without the date of actual marriage, they would be forced to depend on separate customary certificates to prove the true timeline of their wedding.
Justice Eapen further remarked:
"Unless the date of celebration is not shown, there is no meaning in issuing such a certificate to the petitioners."
Decision
In a firm order, the High Court directed the Marriage Officer (respondent no. 2) to issue a fresh marriage certificate to the couple within one month, this time correctly showing their wedding date of 10 July 2022. The couple was also told to surrender their earlier flawed certificate.
Going beyond the individual case, the court also pulled up the authorities for systemic failure. The Additional Chief Secretary, Taxes (J) Department, and the Inspector General of Registration were added as parties. They have been instructed to update the PEARL software in line with the law, so that all future applicants receive marriage certificates mentioning the true date of marriage celebration.
With that, the writ petition was allowed. The couple can finally expect a certificate that matches their reality, and others too may benefit once the government fixes its digital system.
Case Title: Athul Dini & Anr. v. The District Registrar (G) & Ors.
Case Number: WP(C) No. 1019 of 2023