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2015 Supreme(Ker) 1127

THOTTATHIL B.RADHAKRISHNAN, SUNIL THOMAS
Rajesh Rajan – Appellant
Versus
Chief Registrar General of Marriages (Common), Thiruvananthapuram – Respondent


JUDGMENT :

Thottathil B. Radhakrishnan, J.

We have heard the learned counsel for the appellant, who is the writ petitioner, quite in extenso.

2. Writ petitioner and third respondent obtained a certification under the Kerala Registration of Marriages (Common) Rules, 2008, 'the Rules', for short, to the effect that they are married couple. Later on, the writ petitioner turned round to say that there was no marriage, and registration of such a nature was obtained after the parties had agreed to enter into marriage, however that, the marriage did not materialise as the parties had fallen apart. On this premise, they invoked Rule 13 of the Rules and moved the competent authority under the Rules seeking that the registration may be cancelled. The registering authority did not approve such request. This brought the writ petitioner to this Court. Dilating on different aspects of the Rules and also similar provisions, the learned single Judge, in our view, quite rightly, came to the conclusion that the writ petitioner cannot be permitted to seek any relief as has been sought for by him, particularly when conduct of the parties would clearly show that the certification was obtained by the writ





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