High Court of KeralaDivision BenchDisposal by directions; writ petitions ordered ...

Batch of writ petitions: Punarjani Charitable Trust v State of Kerala; Vishva Hindu Parishad Kerala State Committee v State of Kerala; Balasangham Kerala State Committee v State of Kerala; Suseela Gopal an Memorial Society for Gender and Legal Studies v State of Kerala; All India Lawyers' Union Kerala State Committee v State of Kerala

Case / Petition Number:WP(C).16181/2013; WP(C).16151/2013; WP(C).16663/2013; WP(C).16725/2013; WP(C).17088/2013

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Hrishikesh Roy
  • A.K. Jayasankaran Nambiar
Judgment Date
2019-02-12
Court Decision / Holding
The writ petitions are disposed of by directing the State to take effective steps to implement the directions. The Court closed the petitions with the expectation that the State would mobilize the Child Marriage Prohibition Officers, create awareness, and coordinate with Marriage Registration Officers to flag potential child marriages and facilitate prosecution under the Prohibition of Child Marriage Act, 2006.
Final Disposition
Disposal by directions; writ petitions ordered to be closed with directions to the State to implement the above measures and strengthen enforcement of the Prohibition of Child Marriage Act, 2006.

Parties to the Case

Appellants / Petitioners

  • Punarjani Charitable Trust
  • Vishwa Hindu Parishad Kerala State Committee
  • Balasangham Kerala State Committee
  • Suseela Gopal an Memorial Society for Gender and Legal Studies
  • All India Lawyers' Union Kerala State Committee

Respondents

  • State of Kerala
  • Local Self Government Department, Government of Kerala
  • Social Justice Department, Government of Kerala
  • Law Department, Government of Kerala
  • Kerala Institute of Local Administration (KILA)
  • Chief Registrar General of Marriages (Common), Department of Local Self Government Institutions, Government of Kerala
  • National Commission for Protection of Child Rights
  • Union of India
  • Principal Secretary to Government, Local Self Government Department
  • Director General of Police (Law and Order)
  • Secretary, Ministry of Law & Justice
  • Secretariat, Government of Kerala
  • Secretary to Home Department (Union of India)

Legal Representation & Advocates

Counsels for Petitioners

  • • B. Premnath
  • • C. S. Dias
  • • N. K. Subramanian
  • • C. K. Mohanan
  • • P. V. Surendranath (Sr.)
  • • Bindumol Joseph
  • • M. R. Sreelatha
  • • S. B. SyamantaK
  • • N. Manoj Kumar
  • • C. M. Nazar
  • • Mansoore B. H.

Counsels for Respondents

  • • Surin George Ipe
  • • Jaishankar V. Nair
  • • V. A. Muhammed
  • • Sandhya Raju
  • • M. Sajjad

Case Synopsis & Summary

This batch of writ petitions before the High Court of Kerala concerns the effectiveness and interpretation of the Prohibition of Child Marriage Act, 2006 and the Kerala Registration of Marriages (Common) Rules, 2008 in relation to child marriages in Kerala. The petitioners, comprising faith-based and civil-society groups, allege that despite the Act’s objective to prevent child marriages, state actions (including circulars) risk undermining enforcement or failing to adequately safeguard underage individuals. They challenge circulars (Ext.P9, Ext.P8, Ext.P2) that purportedly clarify registration of marriages where one party may be a child, arguing these circulars normalize or facilitate child marriages contrary to the Act. The court examines the Act’s definitions of a child and child marriage (Section 2(a)/(2)(b)) and the punitive and preventive provisions under Sections 12, 13, 14 and 16, with emphasis on proactive involvement of Child Marriage Prohibition Officers. It relies on Seema v. Ashwani Kumar to endorse compulsory registration for evidentiary value and to support state action for better enforcement. The judgment directs the state to mobilize the Child Marriage Prohibition Officers, ensure awareness, and coordinate with Marriage Registration Officers to flag potential child marriages, while closing the petitions with directions. The decision reflects a balance between enforcement of anti-child-marriage provisions and procedural registration safeguards.

Provisions of Law Cited

Prohibition of Child Marriage Act, 2006 - Section 2(a) (definition of child)Prohibition of Child Marriage Act, 2006 - Section 2(b) (definition of child marriage)Prohibition of Child Marriage Act, 2006 - Section 12 (void marriages)Prohibition of Child Marriage Act, 2006 - Section 13 (injunctions)Prohibition of Child Marriage Act, 2006 - Section 14 (void ab initio)Prohibition of Child Marriage Act, 2006 - Section 16 (functions of Child Marriage Prohibition Officer)Kerala Registration of Marriages (Common) Rules, 2008 - Rule 6 (compulsory registration)Kerala Registration of Marriages (Common) Rules, 2008 - Rule 9(3)Seema v. Ashwani Kumar (2006) 2 SCC 578

Legal Doctrines & Maxims

  • Void ab initio (Section 14)
  • Null and void marriages under Section 12
  • Evidentiary value and rebuttable presumption of registered marriages (Seema v. Ashwani Kumar)
  • Registration as evidence and not conclusive proof of validity (Seema v. Ashwani Kumar)
  • Circulars intended to promote registration to enhance enforcement, not to permit underage marriages (Seema v. Ashwani Kumar context)

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners argued that the Prohibition of Child Marriage Act, 2006 is intended to prohibit and penalize child marriages, not to render all such unions void by mere registration or post-facto measures. They contend circulars issued by Kerala authorities (ext. P8, P9, P2/P2a) improperly encourage or normalize marriages where one party may be underage, thereby undermining the Act’s purpose. They rely on the Supreme Court’s decision in Seema v. Ashwani Kumar to advocate compulsory registration as a means to evidence and deter violations, while stressing the need for active enforcement by Child Marriage Prohibition Officers under Section 16 and for timely judicial intervention under Sections 12-14. They urge the court to direct state authorities to strengthen detection, counseling, and prosecution mechanisms, and to ensure inter-departmental notification of potential child marriages to enable effective enforcement.

Contentions of Respondents

State and central government respondents defended the circulars as clarifications aligning with Seema v. Ashwani Kumar and as measures to enhance transparency and enforcement. They argued that registration officers play a role at the stage of solemnization and that the Act’s objective is to prevent child marriages, not to declare all such marriages void; the State should mobilize Child Marriage Prohibition Officers under Section 16, and inform Marriage Registration Officers to notify if a marriage involves a child so that appropriate action can be taken.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Seema v. Ashwani Kumar(2006) 2 SCC 578PositiveApplication of the Supreme Court’s reasoning that marriages should be compulsorily registrable to provide evidence and aid enforcement under the Prohibition of Child Marriage Act; the Kerala High Court relies on Seema to support the registration and enforcement framework.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY** ## **&** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940** **WP(C).No. 16181 of 2013** ## **PETITIONER:** **PUNARJANI CHARITABLE TRUST 3RD FLOOR, INDO ARCADE, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY ITS TRUSTEE ADV.SAPNA P.P.** **BY ADVS. SRI.B.PREMNATH (E) SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS PRINCIPAL SECRETARY.** - **3 SOCIAL JUSTICE DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS PRINCIPAL SECRETARY.** - **4 LAW DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS PRINCIPAL SECRETARY.** - **5 KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA), THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 2 - **6 CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON), DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **7 NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS 5TH FLOOR, CHANDERLOCK BUILDING 36, JANPATH, NEW DELHI-110001.** - **8 UNION OF INDIA REPRESENTED BY ITS SECRETARY, WOMEN AND CHILD DEVELOPMENT, NEW DELHI.** **BY ADVS. R1-4 & 6 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE R7 & 8 BY CENTRAL GOVERNMENT COUNSEL SRI.JAISHANKAR V. NAIR** **R5 BY SRI.V.A.MUHAMMED SMT.SANDHYA RAJU SRI.M.SAJJAD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2019, ALONG WITH WP(C).16151/2013, WP(C).16663/2013, WP(C).16725/2013, WP(C).17088/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY** ## **&** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940** **WP(C).No. 16151 of 2013** ## **PETITIONER:** **VISHWA HINDU PARISHAD KERALA STATE COMMITTEE, HINDU CULTURAL CENTRE, KALOOR P.O., KOCHIN-17, REPRESENTED BY ITS SECRETARY PRATHEESH VISWANATH.** **BY ADV. SRI.C.K.MOHANAN** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM, PIN-695001. 2 THE CHIEF CHILD MARRIAGE PROHIBITION OFFICER SECRETARIAT, TRIVANDRUM, PIN-695001. 3 THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER) POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695001.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 4 |**4**|**THE UNION OF INDIA**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**MINISTRY OF LAW & JUSTICE,**| ||**CENTRAL SECRETARIAT NORTH BLOCK,**| ||**NEW DELHI, PIN-110001.**| |**5**|**STATE OF KERALA**| ||**REPRESENTED BY THE CHIEF SECRETARY,**| ||**SECRETARIAT, TRIVANDRUM, PIN-695001.**| ||**R1-3 & 5 BY SR. GOVERNMENT PLEADER SRI. SURIN**| ||**GEORGE IPE**| ||**R4 BY SRI. JAISHANKER V. NAIR, CGC**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2019, ALONG WITH WP(C).17088/2013, WP(C).16725/2013, WP(C).16663/2013, WP(C).16181/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY** ## **&** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940 WP(C).No. 16663 of 2013** ## **PETITIONERS:** **ALL INDIA LAWYERS' UNION KERALA STATE COMMITTEE, SRM ROAD, KOCHI-18, REPRESENTED BY ITS SECRETARY, B.RAJENDRAN, ADVOCATE, RESIDING AT RARARI, MUTTOM, VALIYAKUZHI, HARIPPAD, ALAPPUZHA DISTRICT.** **BY ADVS. SRI.P.V.SURENDRANATH (SR.) SMT.BINDUMOL JOSEPH SMT.M.R.SREELATHA SRI.B.S.SYAMANTHAK SRI.N.MANOJ KUMAR** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2 PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 6 **3 CHIEF CHILD MARRIAGE PROHIBITION OFFICER, DIRECTOR OF SOCIAL WELFARE SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 4 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, CENTRAL SECRETARIAT, GOVERNMENT OF INDIA, NEW DELHI-110001. R1-3 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE R4 BY SRI. JAISHANKER V. NAIR, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2019, ALONG WITH WP(C).16151/2013, WP(C).17088/2013, WP(C).16725/2013, WP(C).16181/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY** **&** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940** **WP(C).No. 16725 of 2013** ## **PETITIONER/S:** **BALASANGHAM KERALA STATE COMMITTEE, A.P VARKEY SMARAKA MANDIRAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, ABHIJITH P.J, AGED 23 YEARS, S/O JANARDHANAN, RESIDING AT VIDYA BHAVAN, ELERITHATTU P.O, NEELESWARAM (VIA) KASARGODE DISTRICT 671314** **BY ADVS. SRI.C.M.NAZAR SRI.MANSOOR.B.H.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**RPERESENTED BY THE CHIEF SECRETARY,**| ||**GOVERNMENT SECRETARIATE,**| ||**THIRUVANANTHAPURAM 695001**| |**2**|**PRINCIPAL SECRETARY TO GOVERNMENT**| ||**LOCAL SELF GOVERNMENT DEPARTMENT,**| ||**GOVERNMENT SECRETARIATE,**| ||**THIRUVANANTHAPURAM 695001**| **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 8 **3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND JUSTICE, NEW DELHI 110001** **R1& 2 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE R3 BY SRI. JAISHANKER V. NAIR, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2019, ALONG WITH WP(C).16151/2013, WP(C).17088/2013, WP(C).16663/2013, WP(C).16181/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY** **&** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **TUESDAY,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940** **WP(C).No. 17088 of 2013** ## **PETITIONER:** **SUSEELA GOPALAN MEMORIAL SOCIETY FOR GENDER AND LEGAL STUDIES REP. BY SECRETARY, REGISTRATION NO.TVM/TC/1477/2012, SUSEELA GOPALAN SMARAKAM, KUNNUKUZHY, VANCHIYOOR.P.O., THIRUVANANTHAPURAM.** **BY ADVS.** **SRI.P.V.SURENDRANATH (SR.) SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS CHIEF SECRETARY**| ||**TO GOVERNMENT, GOVERNMENT SECRETARIAT,**| ||**TRIVANDRUM-695 001.**| |**2**|**PRINCIPAL SECRETARY TO GOVERNMENT**| ||**LOCAL SELF GOVERNMENT DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, TRIVANDRUM. 695 001.**| |**3**|**CHIEF CHILD MARRIAGE PROHIBITATION OFFICER,**| ||**DIRECTOR OF SOCIAL WELFARE,**| ||**SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA,**| ||**GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.**| **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 10 **4 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, CENTRAL SECRETARIAT, GOVERNMENT OF INDIA, NEW DELHI-110 001. R1-3 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE R4 BY SRI. JAISHANKER V. NAIR, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2019, ALONG WITH WP(C).16151/2013, WP(C).16725/2013, WP(C).16663/2013, WP(C).16181/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 11 ## **J U D G M E N T** [WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013, WP(C).16725/2013, WP(C).17088/2013] ## Hrishrike Roy, CJ This bunch of Writ Petitions raise common concern and since they were heard analogously, all the cases are disposed by the following judgment: Heard Sir. C.S. Dias, the learned counsel appearing for the petitioner in W.P(C). No.16181 of 2013. The petitioners in the W.P.(C). Nos.17088 of 2013 and 16663 of 2013 are represented by the learned counsel Sri. B.S. Syamanthak. The State authorities are represented by the learned Senior Government Pleader Sri. Surin George Ipe. The Central Government authorities are represented by the learned counsel Sri. Jaishankar V. Nair. 2. For the sake of convenience, the reference to the facts in this judgment are from the pleadings in W.P(C). No.16181 of 2013. The petitioner in this case is a charitable trust and is concerned with the negative impact of child marriages in the State of Kerala and in particular, in Kozhikode and Malappuram Districts. They seek direction on the State Authorities to initiate appropriate legal action against the offenders, who have acted in defiance of the provisions of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as 'the Prohibition Act, 2006'). Further direction is sought on the Registering Authorities to not to register the marriages of any person, who has not completed the mandatory minimum age, as provided under Section **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 12 2(a) of the Marriage Prohibition Act, 2006. Analogously, they seek quashing of the circular dated 6.4.2013 (Ext.P9), whereby the Local Self Government Authorities of Kerala Government had clarified that there is no legal impediment in registering the Muslim marriages, where the male has not attained 21 years and the female has not attained 18 years, on the basis of the certificate of the religious authority, as per Rule 9(3) of the Kerala Registration of Marriage (Common) Rules, 2008 (hereinafter referred to as 'the Registration Rules'). 3. Leading the arguments for the petitioners, the learned counsel Sri. C.S. Dias would refer to the statistical data (Ext.P3) secured under the Right to Information Act to point out that large number of child marriages are conducted in the State of Kerala but the problem is more acute in the Malappuram District. According to the counsel the Prohibition of Child marriage Act, 2006, which was notified for its application in the State of Kerala, was intended to prohibit, solemnization of child marriage and punish those, who have acted in violation of the statutory enactments. 4. The Prohibition Act, 2006 defines 'child' as a person, if a male, who is yet to complete 21 years of age and if a female, who has not completed the age of 18 years of age. The 'child marriage' under Section 2(b) means a marriage in which, either of the contracting parties, is a child. A Child Marriage Prohibition Officer is contemplated, whose role is enumerated in Section 16 but jurisdiction of such Officers are required to be notified by the State. It is the duty of the Marriage Prohibition Officer, to prevent solemnisation of child marriage by taking such action as he may deem fit. It is also his responsibility to advise or counsel the residents of the locality generally, not to indulge in promoting, helping, aiding or allowing the solemnisation of child marriages and to create awareness of the evils of child marriages. Therefore, the thrust of this Act is to prevent **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 13 the child marriages as can be also noticed from the provisions of Sections 12, 13 and 14 of the Prohibition Act, 2006. In particular, Section 14 declares that if any child marriage is solemnised in contravention of an injunction order issued under Section 13 by the Magistrate, whether interim or final, such marriages shall be void ab initio. Similarly, marriages which happened under circumstances enumerated under Section 12, such marriages shall be treated as null and void. The Scheme of the Act suggest that punishment for violation of the Act, is intended to further the objective of Act which is, to prevent child marriage and supplementary thereto. But the Act is not intended as a measure to declare all child marriages as void ab initio, except under the circumstances enumerated in Section 12 and 14 of the Act. 5. The genesis of the Registration Rules is the judgment in Seema v. Ashwani Kumar [(2006) 2 SCC 578], where the Supreme Court after noticing that except in the States of Maharastra, Gujarath, Karnataka, Himachal Pradesh and Andhra Pradesh, the registration of marriages is not compulsory in any of the other States had opined that, if a record of marriage is kept, to a large extent, the dispute concerning solemnisation of marriages between two persons is avoided. Referring to the stand taken by the National Commission, the Court observed that in most cases non-registration of marriages largely affects the women. If the marriage is registered, it however provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage. While Registration itself cannot be a proof of valid marriage, per se, and would not be the determinative factor regarding validity of a marriage, yet it has a great evidentiary value in the matters of custody of children, right of children born from the wed lock of two persons whose marriage is registered and the age of parties to the marriage. Considering these circumstances, the Supreme Court **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 14 held that in the interest of society, marriages be made compulsorily registrable in their respective States. 6. Consequent upon the decision in Seema v. Ashwani Kumar (supra), the Kerala Registration of Marriages (Common) Rules, 2008 was notified mandating under Rule 6, compulsory registration of all marriages solemnized in the State except those, which were required to be registered under separate enactments. The procedure and time limit for registration is also provided under the Rules. 7. In the above context, when we examine the purport of the impugned circulars dated 6.4.2018, 14.6.2013 and 27.6.2013, which are impugned in this bunch of cases, those were intended to make all marriages compulsorily registrable and clarification was issued even for those marriages, which may be solemnized in contravention of the Prohibition of Child Marriage Act. 8. The petitioners argue that by issuing such circulars, the Government of Kerala has encouraged solemnisation of child marriages, in contravention of the mandate of the Prohibition of Child Marriage Act. However, we are unable to see the circulars in such light as, in our understanding, the circulars are intended to achieve the objective pointed out by the Supreme Court in Seema v. Ashwani Kumar (supra). At any rate, the role of the Marriage Registration Officer occurs only at the stage of solemnization of marriage and he has no role in preventing marriage, between under-aged couples. 9. Therefore, we are unable to accept the argument advanced by the learned counsel that the circulars would fail the objectives of the Prohibition of Child Marriage Act. As a matter of fact, the registration of even the child marriages, in our perception, would ensure that there is better transparency and adequate proof to penalise the offenders under the Prohibition of Child Marriage Act. **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 10. Coming now to the prayer made for the direction for effective implementation of the Prohibition of Child Marriage Act, the State must take adequate measures to mobilise the Child Marriage Prohibition Officer to effectively carryout the functions, mandated under Section 16 of the Prohibition Act, 2006, to create awareness and sensitise the community on the evils of child marriage. The Prohibition Officer must take pro-active measures to detect proposed child marriage and intervene in such proposed marriages and bring it to the notice of the Judicial Magistrates so that appropriate orders can be passed for the purposes of Sections 13 and 14 of the Prohibition Act, 2006. Over and above these provisions of the Statute, it would also be desirable for the State Government to instruct the Marriage Registration Officers to intimate the Child Marriage Prohibition Officers, the registration of any marriage which might involve a child, as defined under Section 2(a) of the Prohibition Act, 2006, so that, appropriate steps can then be taken by the Child Marriage Prohibition Officer to prosecute the offenders. Accordingly necessary directions are issued towards these ends. 11. The Writ Petitions are ordered to be closed accordingly with the expectation that the State would take effective steps to further the above directions. Sd/Hrishikesh Roy, Chief Justice Sd/A.K. Jayasankaran Nambiar, Judge sou. **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 16 ## **APPENDIX OF WP(C) 16181/2013** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TRUST DEED NO.129/2011 DATED 10/5/2011. OF THE CALICUT SUB REGISTRY.** - **EXHIBIT P2 TRUE COPY OF THE INFORMATION FURNISHED BY THE PROGRAMME OFFICER OF ICDS, MALAPPURAM, DATED 12/10/2010.** - **EXHIBIT P3 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P2** **EXHIBIT P4 TRUE COPY OF THE STATISTICS OF CHILD MARRIAGES FURNISHED BY THE STATE PUBLIC INFORMATION OFFICER, DATED 21/12/2010. EXHIBIT P5 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P4 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE HON'BLE CHIEF MINISTER OF KERALA, DATED 17/1/2012.** **EXHIBIT P7 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P6** **EXHIBIT P8 TRUE COPY OF G.O. NO.66549/RC/3/2012 OF THE 2ND RESPONDENT 6/4/2013. EXHIBIT P9 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P8 EXHIBIT P10 TRUE COPY OF THE REPORT OF THE CHILD WELFARE COMMITTEE FOR THE YEAR 20092012, DATED 31/10/2012.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 17 ## **APPENDIX OF WP(C) 16151/2013** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE LETTER NO.66549/RC3/2012/LSGD ISSUED BY THE 1ST RESPONDENT DATED 06/04/2013 ALONG WITH TRANSILATION.** **EXHIBIT P2 PHOTOCOPY OF THE CIRCULAR NO.35298/RC 3/2013/LSGD DATED 14/06/2013 ALONG WITH TRANSILATION.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 18 ## **APPENDIX OF WP(C) 16663/2013** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE KERALA PROHIBITION OF CHILD MARRIAGE RULES, 2008. EXHIBIT P2 A TRUE COPY OF THE CIRCULAR DATED 14-6-2013 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT. EXHIBIT P2(a) A TRUE COPY OF EGNLISH TRANSLATION EXT.P2 CIRCULAR. EXHIBIT P3 A TRUE COPY OF THE CIRCULAR NO. 41832/RC3/2013/LSGD DATED 27-6-2013. EXHIBIT P3(a) A TRUE COPY OF ENGLISH TRANSLATION OF EXT. P3 CIRCULAR.** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 19 ## **APPENDIX OF WP(C) 16725/2013** **PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 14-06-2013 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT EXHIBIT P1(A) A TRUE ENGLISH TRANSLATION OF THE EXT P1 EXHIBIT P2 TRUE COPY OF THE CIRCULAR DATED 27-06-2013 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT EXHIBIT P2(A) A TRUE ENGLISH TRANSLATION OF EXT P2** **[WP(C) 16181/2013,WP(C).16151/2013, WP(C).16663/2013,WP(C).16725/2013, WP(C).17088/2013]** 20 ## **APPENDIX OF WP(C) 17088/2013** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE KERALA PROHIBITATION OF CHILD MARRIAGE RULES, 2008. EXHIBIT P2 A TRUE COPY OF THE CIRCULAR DATED 14.6.2013 ISSUED BY THE PRINCIPLE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT. EXHIBIT P2(a) A TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2 CIRCULAR. EXHIBIT P3 A TRUE COPY OF THE CIRCULAR NO.41832/RC3/2013/LSGD DATED 27.6.2013. EXHIBIT P3(a) A TRUE COPY OF ENGLISH TRANSLATION OF EXT.P3 CIRCULAR.** ## **RESPONDENTS' EXHIBITS:** **NIL // TRUE COPY // P.A. TO JUDGE**