ORDER :

The petitioners seeks writ of mandamus declaring the inaction of the respondents 5 and 6 in considering the application of the petitioner dated 26.10.2021 for correction of date of marriage of her son which is wrongly mentioned as 03.10.2015 instead of 09.10.2011 as illegal, arbitrary and for a consequential direction.

2. Petitioner’s case briefly is thus:

(a) Petitioner’s son T. Vinod Kumar married Sumitha on 09.10.2011 at Anand Gardens, Nellore. Ever since their marriage they have been living happily and begot two children and they are now residing in Germany on their employment.

(b) Owing to foreign employment the couple wanted registration of their marriage and therefore they made an application on 03.10.2015 before the 6th respondent for registration of their marriage by enclosing all the relevant documents like wedding card, photos etc., The 6th respondent registered the marriage and issued the registration certificate wherein he wrongly mentioned as if the couple were married on 03.10.2015 before him without referring to the documents produced which would clearly show that in fact their marriage was performed on 09.10.2011 and it is only for the purpose of registration they approached him on 03.10.2015. Thus there is an apparent mistake in the registration certificate. Hence, the writ petition.

3. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration representing respondents.

4. During the course of arguments learned counsel for the petitioner reiterated his pleading in the writ petition. Learned Assistant Government Pleader for Stamps and Registration submitted that suitable orders may be passed by the Court.

(a) The object of the Special Marriage Act, 1954 (for short “the Act, 1954) is to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. So far as the aspect of marriage is concerned, the Act, 1954 creates two methods. The first method is, solemnization of a marriage under the Act, 1954 and second method is though the marriage was solemnized in any other form, getting registration of such marriage under the provisions of the Act, 1954. Chapter-II of the Act, 1954 containing Sections-4 to 14 deals with the first method i.e., solemnization of special marriages and Chapter-III of the Act, 1954 under Sections 15 and 16 deals with second method i.e., the registration of marriages which were already celebrated in other forms. There is a subtle distinction between two methods.

(b) The first method is concerned, if a couple prefers to solemnize their marriage under the provisions of the Act, 1954 and obtain a certificate of marriage, they have to follow the procedure prescribed under Section 4 to 14 of Chapter-II of the Act, 1954.

(c) Firstly, as per Section 4 the parties to the special marriage shall fulfill certain conditions as envisaged in Section 4 for getting married. Upon such fulfillment, as per Section 5, the parties to the intended marriage shall give notice in writing in the prescribed form to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period not less than 30 days immediately preceding issuance of notice. Then as per Section 6, Marriage Officer shall keep notice issued under Section 5 in a book called as “Marriage notice book” and then cause such notice published by affixing of such copy on some conspicuous places in his office. Then Sections 7 to 10 prescribe the procedure for dealing with the objections if any received against the proposed marriage under the Act, 1954. These provisions would say that if an objection is received the Marriage Officer shall enquire into the matter and decide whether to proceed with the solemnization of marriage or refuse solemnization. Against such refusal, the aggrieved party can prefer an appeal to the District Court within a period of 30 days from the date