Whether Marriage certificate can be cancelled as per wish of parties to marriage?
Registration of a marriage to secure visa would be made only on the
volition of the parties to the alleged marriage. They cannot get those
entries cancelled once they changed their mind. The authority under
the Rules exercises a very serious function of registering marriages.
A marriage certificate is a permanent record. The authorities under
the Rules are expected to keep the records as permanent records.
The entries made in the memorandum and which were later carried
out in the Marriage Register cannot be altered except on the ground
of errors or on the ground that the entries were fraudulently or
improperly made.
The parties who submitted the memorandum in
Form No.I with a declaration that the details shown therein are true
to the best of their knowledge and belief cannot turn round and say
that the said declaration was made for a particular purpose and,
therefore, the entries are liable to be corrected and the registration is
liable to be cancelled. The entries in the Marriage Register and the
marriage certificate are not liable to be corrected at the whims and
fancies of the parties to the marriage. The corrections are to be
carried out only in the manner provided under Rule 13 of the Rules.
Wide powers are given to the Local Registrar for correction of entries
and for cancellation of entries and registration.
There may be
instances were an entry relating to marriage was fraudulently made
and the victim thereof is entitled to approach the Registrar for
cancellation of the entries or registration.
In the case of such
fraudulent acts, one of the parties to the marriage may be a victim of
fraud. But the parties to the marriage cannot approach the Local
Registrar and say that for a particular purpose they made a false
entry and since that purpose could not be achieved, they want to
resile from the declaration.
That is not the jurisdiction to be
exercised by the Local Registrar under Rule 13. That is not the
liberty provided to the parties to the marriage to apply before the
Local Registrar for correction and cancellation of the entries.
12. The remedy of the petitioner lies elsewhere and he cannot
make any application under Rule 13 of the Rules for the purposes
mentioned in the application.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
MONDAY, THE 8TH DAY OF JUNE 2015
WP(C).No. 5911 of 2015 (L)
PETITIONER:
RAJESH RAJAN,
Vs
RESPONDENTS:
1. CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON),
THIRUVANANTHAPURAM - 695 001.
2. REGISTRAR OF MARRIAGES (COMMON),
TRISSUR- 680 001.
3. NEETHU VASANTH,D/O.VASANTHAN,
https://www.lawweb.in/2015/06/whether-marriage-certificate-can-be.html
