Kerala High Court allows name change in woman’s marriage certificate after religious conversion

Findings

• The woman had sought a major change to be made to the certificate which was not due to anything entered erroneously in form or substance, or to anything fraudulently or improperly made.
• There wasn’t any prohibition in Islamic rules and customs that the woman cannot follow the Islamic faith without changing her name to a muslim name.
• Husband was not willing to come on record but expressed willingness to appear online.
• Change of name was also done with the permission of her parents.
• Keeping head down with a folded hand before the loving parents of the petitioner. They only want a happy life for their loving daughter.
• Additional entry should be made by authorities in the marriage register reflecting the petitioner’s present name and to issue a fresh marriage certificate with the added name within one month.

Background

• After her marriage in 2017, the woman wanted to adopt her husband’s Islamic faith and legally changed her name through a gazette notification in 2023.
• Despite the name change being reflected across all official documents, including her passport, Aadhaar, PAN card and voter ID, the marriage certificate continued to bear her former name.
• This posed difficulties in applying for a family visa to join her husband, who is employed in the United Arab Emirates.
• It was submitted that the application for a family visa must include the passports of the wife and children, as well as the attested marriage certificate, among other documents.
• The local registrar had declined to alter the marriage certificate, citing Rule 13 of the 2008 Rules, which restricts major changes to entries unless they are erroneous or fraudulent. Feeling aggrieved by the rejection, the woman moved to the high court.