‘Couple should be present for marriage registration’

MADURAI: The Madurai Bench of the Madras High Court stated that the physical presence of parties to the marriage was necessary for its registration. The parties should also establish that the marriage between them had been performed in accordance with their personal laws or customs, the court added.

A division bench, comprising Justices K K Sasidharan and P D Audikesavalu, made the observation while disposing of public interest litigation filed by a Madurai-based advocate, A Kannan, seeking direction to authorities, not to register marriages that are solemnized in derogation to the personal laws of the parties to the marriage.

Quoting Section-7 of the Tamil Nadu Registration of Marriages Act, 2009, the Judges stated that the Registrar of marriages, before registering a marriage, should verify the identity of the parties and ensure that the marriage between the parties has been performed in accordance with their personal laws or tradition.

They directed the Inspector General of Registration to issue a circular to all Registrar of marriages in the State to make the presence of parties compulsory for marriage registration and also warned that disciplinary action would be taken against Registrars who do not follow the same. The Judges further directed the Bar Council of Tamil Nadu and Pondicherry to take action against advocates who have given certificates for solemnisation of marriages and violated the above Act.