In a significant ruling, the Kerala High Court has intervened to ensure a woman's legal identity is correctly reflected in her official marriage documents. The court has directed the Kuthiyathod panchayat registrar in Alappuzha to issue a corrected marriage certificate within one month, incorporating her legally changed name following her conversion to Islam.
The Legal Petition and Background
The order was passed by Justice P V Kunhikrishnan in response to a petition filed by Ayisha Muhasin, who was formerly known as S Sreeja. The petitioner challenged the local registrar's refusal to update her name on the marriage certificate. Ayisha Muhasin had married Muhasin in 2017, and their union was registered under the Special Marriage Act.
Subsequently, in 2023, she adopted her husband's Islamic faith and formally changed her name to Ayisha Muhasin. This change was officially published in the Kerala Gazette, and she updated all her crucial identification documents accordingly. These documents included her Aadhaar card, passport, PAN card, and driving licence.
The Visa Hurdle and Registrar's Rejection
The immediate need for the corrected certificate arose from her desire to join her husband, who is employed in the United Arab Emirates (UAE). To apply for a family visa to the UAE, she was required to submit a marriage certificate that matched the name on her other official documents, including her passport.
When she approached the local registrar seeking the correction, her request was rejected. The registrar cited the Kerala Registration of Marriage (Common) Rules, 2008, stating that such a change was not permissible under these rules. This rejection forced her to seek legal recourse from the High Court.
Court's Observations and Final Directive
During the proceedings, the court made an important observation. It noted that there was no legal impediment to continuing with her earlier name in the marriage certificate, as Islamic rules do not mandate a name change upon conversion. The bench suggested that she could simply produce the marriage certificate along with supporting documents that proved her legal name change.
However, the petitioner insisted on having the correction made directly in the marriage certificate itself. The court also recorded that while her husband was unwilling to formally join the petition, he expressed willingness to appear online. Crucially, her parents submitted that they had no objection to her name change or her decisions.
Considering all factors and the practical necessity for her visa application, the bench ultimately ruled in her favor. Justice Kunhikrishnan directed the local registrar to change the petitioner's name in the marriage certificate and issue the updated document within a month, providing a resolution to her administrative ordeal.
