IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
A.VIJAYALAKSHMI – Appellant
Vs.
THE STATE OF KERALA – Respondent
WP(C).No. 17698 of 2018
Decided on : 26-07-2018
The Constitution of India-Art.226;; The Hindu Marriage Act, 1955;; The Kerala Hindu Marriage Registration Rule, 1957-In a case where the marriage is sought to be registered in accordance with the provisions contained in the Kerala Hindu Marriage Registration Rule, 1957, the Form I report of marriage has to be signed by b0th the spouses and Form II register should also be signed by both the spouses etc. So, the personal presence of both the spouses at the time of entering of the particulars in Form II register by the Local Registrar under Rule 7 is necessary
Statement of facts:
The marriage was thus got duly solemnized in accordance with the provisions contained in the Hindu Marriage Act, 1955, the parties had inadvertently omitted to get their factum of solemnization of their marriage registered in accordance with the provisions contained in the Kerala Hindu Marriage Registration Rules, 1957, which has been framed by virtue of the enabling provisions contained in Section 8(1) of the Hindu Marriage Act, 1955-The petitioner sought to get the factum of the solemnization of marriage with the 4th respondent, registered in accordance with the provisions contained in the Kerala Hindu Marriage Registration Rules, 1957-For issuing a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to issue marriage certificate to the petitioner as prayed for in Exhibit P4 application without insisting on the personal appearance of the petitioner or her spouse.
Finding of the court:
It is for the petitioner to proceed in accordance with the prescribed procedure as per the above said Hindu Marriage Rules. It is also declared that in case both the spouses are not appending the signature in Form No.I and Form No.II (Under Rules 6 and 7 above), then the notified Registrar has no jurisdiction to proceed further with the consideration of the aspect relating to the registration of their marriage and he is not competent to register such a marriage.
Result: Writ Petition (Civil) disposed of.
It is the case of the petitioner that her marriage with the 4th respondent (Jai Prakash Ganesh) was duly solemnized on 27.08.1998, at the Madhwa Mandiram Trust, in accordance with the provisions contained in the Hindu Marriage Act, 1955. It is further stated that prior to the marriage, the parties have entered into an agreement for marriage and the said agreement at Ext.P3 has been duly registered before the 3rd respondent, Sub-Registrar, Sub-Registrars Office, Ernakulam. The petitioner and the 4th respondent belong to Hindu religion and their marriage has been solemnized in the Kalyanamandapam at the Madhwa Mandiram Trust, Ernakulam, as evident from Ext.P2 certificate of marriage dated 27.08.1998, issued by the said organization. It is the case of the petitioner that though the marriage was thus got duly solemnized in accordance with the provisions contained in the Hindu Marriage Act, 1955, the parties had inadvertently omitted to get their factum of solemnization of their marriage registered in accordance with the provisions contained in the Kerala Hindu Marriage Registration Rules, 1957, which has been framed by virtue of the enabling provisions contained in Section 8(1) of the Hindu Marriage Act, 1955. The petitioner and the 4th respondent have been settled in the United States of America for quite some time and two children (daughters) have been born in that wedlock. It is the further case of the petitioner that the relationship between the petitioner and the 4th respondent got strained and they are living apart. The petitioner wanted to institute divorce proceedings before the competent court in the U.S.A. and she has been advised that one of the vital documents required for presentation of the application for divorce or dissolution of marriage as per the Rules of court practice prevailing in that foreign country is that the marriage certificate should also be produced to establish the factum of marriage between the parties. Thereupon the petitioner sought to get the factum of the solemnization of marriage with the 4th respondent, registered in accordance with the provisions contained in the Kerala Hindu Marriage Registration Rules, 1957. Ext.P4 is the application dated 16.04.2018 submitted by the petitioner before the 2nd respondent who is stated to be the competent marriage Registrar in that regard. The petitioner's contention is that petitioner could reliably learn from the office of the 2nd respondent that the application cannot be entertained unless it is signed by both the spouses (viz., the petitioner and the 4th respondent). The petitioner had submitted Ext.P4 application for issuance of marriage certificate under the provisions of the Kerala Hindu Marriage Registration Rules, 1957, on the basis of Ext.P3 registered agreement regarding the marriage between the parties. However the petitioner was informed by the 2nd respondent that such an application cannot be entertained and that the petitioner has to submit the application in Form No.I prescribed under Rule 6 of the above said Rules, and that the said application should be duly signed by both the spouses. It appears that the 4th respondent is not willing to cooperate with the petitioner in the matter of getting their marriage registered under the above Rules, because of differences of opinion between the spouses. It is in the light of these aspects that the petitioner filed this instant Writ Petition (Civil) under the enabling provisions contained in Article 226 of the Constitution of India with the following prayers:-
“(I) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to issue marriage certificate to the petitioner as prayed for in Exhibit P4 application without insisting on the personal appearance of the petitioner or her spouse.
(II) Issue such other further reliefs as the necessary i
Sarala Baby v. State of Kerala & Others (2010 (2) KHC 334 (DB))
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.