HC relief for Muslim woman, sets aside registration certificate of ‘forced’ marriage

In her petition, she says she her cousin had married her by threatening to kill her parents

Bringing relief to a Muslim woman, who said she was forced to sign in the marriage register book, the Madurai Bench of the Madras High Court has set aside the marriage certificate issued by the Tirunelveli District Registrar. The court directed the authorities to delete the entry and record the same in the marriage register book and other records.

In her petition filed in 2015, the woman said she was attending college at Melapalayam when her cousin told her that her mother was ill and admitted in hospital. Believing him, she accompanied him thinking they were going to the hospital. However, he took her to the Sub-Registrar office in Palayamkottai and threatened her to sign the marriage register book. He told her that he would kill her parents if she disobeyed him. As she was in a hapless situation, she signed the papers. However, he continued to threaten her claiming that they were married, she said, adding that she even had to stop going to college.

The woman had lodged a complaint with the Cheranmahadevi Police and sent a representation to the Superintendent of Police, Tirunelveli, seeking protection. She contended that no marriage as per the Islamic tradition had taken place and sought cancellation of the marriage certificate.

Justice R. Vijayakumar took note of the fact that the marriage certificate had been issued under the Tamil Nadu Registration of Marriages Act, 2009, and observed that the Act and the Rules framed thereunder did not empower the Registering Authority to register a marriage unless they were satisfied that a marriage had already taken place, as per their respective personal laws.

The judge observed that a perusal of the provisions and rules of the Act would clearly state it was mandatory for the parties to undergo ceremonies of marriage, which are applicable to their respective religion. Only after such a marriage is conducted as per the respective personal laws, it could be registered under the Act. Mere registration of the marriage without undergoing any marriage ceremony as per their respective personal law would not confer any marital status upon the couple.

It is clear that only marriages that have already been performed can be registered under the Act. The registration of marriage is a consequential event and not a formal marriage. Section 23 of the Act clearly specifies that non-registration of the marriage does not invalidate the marriage. Hence, it is clear that the registration will not confer marital status, but only the formal marriage ceremony as per the personal law would confer marital status upon the parties, the judge said.

The Registering Authority cannot simply rely upon the statutory forms and mechanically proceed to register the marriage. They should satisfy themselves that the parties have undergone the marriage ceremony as per their respective personal laws before registering the marriage. It is a statutory duty cast upon the Registering Authority, the judge added.