Inter-caste marriages need to be conducted as per Special Marriage Act Marriage certificate issued by communal organisations are not valid in case of inter-caste marriages
In a landmark decision the Kerala High Court on Saturday ruled that inter-caste marriages cannot be registered on the basis of marriage certificate issued by communal organizations. The court also directed to prepare necessary rules for facilitating registration of marriages according to certificates issued by such organizations.
The division bench gave the ruling while considering a Habeas corpus against a Thiruvananthapuram native.
The petition alleged that a taxi driver, from the capital city, belonging to Ezhava caste has detained a Christian girl from Kothamangalam. The man and woman claimed that they are married and produced a marriage certificate issued by Sree Narayana Dharma Paripalana (SNDP) Yogam, an organization of Ezhava community. However, the bench comprising Judges Surendra Mohan and Mary Joseph said the certificate is not acceptable.
Certificates issued by communal organizations have no legal backing and on what behalf are such certificated issued, the court asked. The division bench also said that the marriage will become valid only if it is registered under the Special Marriage Act.
The law permits to register the marriage according to the certificate issued by the religious organization which conducted the marriage.
However, this is not possible when the marriage is between persons belonging to two different religions.
