Marriage of couple of difft faiths: HC impleads sub registrar

: The Madras High Court bench today impleaded a Sub Registrar for not following the appropriate procedure while issuing a Marriage certificate for a couple who belonged to the Hindu and Christian religions.
Justices P R Sivakumar and V S Ravi, who were hearing a habeas corpus petition filed by the husband of the woman,Maria prito of Kerala, said the couple had got married in a temple and produced the memorandum of declaration of marriage. Accepting it the sub registrar had issued the certificate of registration without verifying if it was valid or not.
As per Hindu law the marriage in a temple was not valid if one of the couple belongs to christian religion and she continued to be so. The marriage was also not solemnized as per Indian christian marriage act.

For such a couple there was a special marriage act, under which parties intending to solem solemnize their marriage should give notice in the prescribed form to the district marriage officer.
One of them should have resided in the district for more than 30 days. The notice would be recorded in marriage notice book. Objection could be raised within 30 days and only after this time period, could the marriage be solemnized.
In this case the sub registrar should have directed the couple to approach the Marriage officer. But he did not do so and issued certificate accepting declaration, the HC said.

The sub registrar of District Registrar's office (Tiruchipalalli Joint I) had seemingly issued a number of such certificates.As it was brought to the notice of the court that such certificates were arranged by local legal practioners, the HC felt there was somthing wrong in the office.

Hence the sub registrar was impleaded in this case as the fourth respondent, the judges said.
The husband had levelled wild charges against his father in-law as if he was illegally detaining her. The petition had been filed as if the marriage was valid. Notice was ordered to the father in law, but No step taken to issue it to him.

Instead Maria Prito, without her father's knowldege, had surrendered to Police and the Inspector had produced her in court.
"We have doubt as to the bonafide of the Petition,since the production of Maria prito was made behind the back of her father. Hence her father also should come for hearing on December 18."
The judges directed the woman to be kept in Sakthi vidiyal home in Madurai till then.