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2007 Supreme(Ker) 369

K.S.RADHAKRISHNAN, ANTONY DOMINIC
Deepak Krishna – Appellant
Versus
District Registrar, Ernakulam – Respondent


Judgment :-

Radhakrishnan, J.

Question that is posed for consideration in all these cases is whether Section 15 (f) and Section 16 of the Special Marriage Act, 1954, are mandatory provisions or directory provisions warranting a liberal interpretation taking into consideration of the hardship and inconveniences caused to the parties.

2. A learned Single Judge in Giby George v. Marriage Officer (2007 (2) KLT 270) interpreting section 15 (F) of the Special Marriage Act, 1954, took the view that a ceremonial marriage between persons who were residing within the jurisdiction of special Marriage Officer can be registered even if such ceremonial marriage was solemnized within 30 days of the filing of an application for registration. Learned Judge then gave a direction to the Marriage Officer to receive the application and also to register the marriage without waiting for the period of 30 days. Further, the learned Judge also gave a direction to publish the factum of registration in the notice board with a rider that the registration is liable to be cancelled on any just and legal objections in accordance with law. The Marriage Officer was also directed to issue a certificate of marriage, wi














































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