Kerala: No provision to register divorce under personal law, says HC

The High Court has emphasized the absence of special provisions for women divorced under personal law to record their status in the marriage register. The order was based on a petition filed by a native of Kannur Thalassery.

Kochi: The High Court has emphasized the absence of special provisions for women divorced under Personal Law to record their status in the marriage register. It urges the legislature to address this gap, highlighting that while there are provisions for marriage registration under personal law, recording divorce is currently only possible through a court order. 

However, the court observed that even though there is no rule, it is inherent in the law that divorce can be recorded like marriage. The court also clarified that the marriage officer has the authority to register the divorce. The order of the court is based on a petition filed by a native of Kannur Thalassery.

The petitioner got married in 2012. After getting married under the Personal Act, they were registered under the Kerala Registration of Marriages (Common) Rules at the Vadakara Municipality. In 2014, her husband divorced her in the presence of witnesses. She then approached the registration department of the municipality to register the divorce, however no action was taken. The reply was that since they are married under personal law, divorce cannot be registered and this can only be done if there is a court order. Later the woman approached the High Court.