Correction of errors in marriage certificate can be done in the presence of persons married or two credible witnesses

Kerala High Court: A Single judge bench comprising of Alexander Thomas, J. allowed a petition seeking mandamus against Marriage Registrar and directed him to correct errors in petitioner’s marriage certificate in the presence of two witnesses and a signed declaration of his wife expressing her consent thereto.

The petitioner’s wife was employed in USA and he had to submit his papers before the immigration authorities who advised him that the name in his marriage certificate should be the same as in his birth certificate and passport. In order to correct his name as contained in his marriage certificate, the petitioner submitted an application before Marriage Registrar under Section 49 of the Special Marriage Act, 1954 which stipulates correction of erroneous entries in a marriage certificate to be made in the presence of persons married.

The petitioner submitted that his wife was residing in USA and it was not practically feasible for her to come down to Kerala only for the purpose of taking action in relation to his application. It was averred that Section 49(1) permits taking of action for correction of erroneous entries even in the absence of the parties, in the presence of two other credible witnesses.

In view of the above, the High Court held that in case the petitioner’s wife cannot come over to Kerala, then a declaration signed by her may be submitted before the

Marriage Registrar stating that she fully concurs with the petitioner’s for correction of entries in their marriage certificate. Further, it should be ensured that two credible witnesses, preferably parents of the petitioner or that of his wife or any other responsible relatives in their family be present before the Marriage Registrar for effectuating action as envisaged in Section 49(1) of the Act.

Accordingly, a mandamus was issued to the respondent directing consideration of the petitioner’s request.[Rinilraj Raju v. Department of Registration, 2018 SCC OnLine Ker 4895, decided on 31-10-2018]