Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud or Improper Registration : Kerala HC

The Kerala High Court ruled that the registrar of marriages cannot cancel a marriage certificate unless it is shown that the registration was obtained fraudulently or improperly. 

The decision came in the case of a Muslim man and a Hindu woman who registered their marriage under the Special Marriage Act in 2014, later seeking its cancellation, alleging improper solemnisation.

The registrar denied the request under Rule 13 of the Kerala Registration of Marriages (Common) Rules, 2008. The Court found no evidence of fraud and noted that registrars can only verify solemnisation based on declarations and documents, not to determine their legal validity.

The court upheld the registrar’s rejection and advised the petitioners to seek relief in the civil court.