Petitioners have approached this Court complaining about the action initiated by the respondent calling upon the 2nd petitioner to produce birth certificate for publishing notice under the Special Marriage Act. 2. According to the petitioners, as per Rule 4(d) of the Kerala Special Marriage Rules, 1958, the marriage officer has to satisfy himself that the parties to a marriage has to complete the age specified in Section 4(c) of the Act and require them to produce birth certificate or any other satisfactory evidence proving their age. The petitioners have produced Secondary School Leaving Certificate in order to prove the age of the 2nd petitioner. Dissatisfied with the said document, the registering officer had returned the documents indicating that birth certificate of the 2nd petitioner is necessary.
3. The learned Government Pleader, on instructions, would submit that the marriage officer has the right to compel production of any document as the case may be.
4. Having regard to the specific provision made under the Rules, the marriage officer has to satisfy regarding the age of the parties either by birth certificate or any other document. As far as date of birth mentioned in W.P(C) No. 12837 of 2014 -: 2 :-
SSLC book is taken as valid for all purposes, such document will also suffice for the purpose of compliance of the Rules.
5. As far as publication of notice is concerned, once the proof of age is produced before the marriage officer, he cannot insist that birth certificate alone has to be produced to prove the age. It is one of the document that may evidence proof of age. Once notice is published, any person can file objection and will get an opportunity to complain about the credentials of the petitioners as published in the said notice. At that stage, the marriage officer can call upon any other document for proving age, if there is any dispute.
6. In the result, the writ petition is disposed of as under:
There will be a direction to the respondent to accept Ext. P3 application and take further proceedings in accordance with the procedure provided.
Sd/- A.M. Shaffique, Judge.
Tds/