IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
Rinilraj Raju - Petitioners
Vs.
Department of Registration, Represented by Its Inspector General, Thiruvananthapuram and Ors. - Respondents
WP(C).No. 35527 of 2018
Decided On : 31-10-2018
Facts of the case:
Correction of errors that have crept in Marriage Certificate issued under Section 13 of the Special Marriage Act, 1954 – By correcting the name of petitioner in marriage certificate from 'RINIL RAJ.R' to 'RINILRAJ RAJU' in tune with the birth certificate, passport etc., within the time limit framed by this Hon'ble Court.
Reasons for the decision:
The Marriage Officer is empowered to consider the corrections if he discovers any error in the form or substance of any entry, then, he may, within one month next after the discovery of such error, may take steps for the correction of the said erroneous entries as stipulated in the said provision.
• The petitioner's wife is not able to come over to Kerala-A declaration of the petitioner's wife signed by her for correction of the entries in Ext.P1 Marriage Certificate as sought for in Ext.P2 application etc.
• Petitioner may also file a separate affidavit attested before a Notary Public stating as to how the erroneous entries in Ext.P1 Marriage Certificate have occurred and also the details as shown in Ext.P4 statutory Birth Certificate and Ext.P3 Passport etc. and any other documents.
• Two other credible witnesses, preferably the parents of the petitioner or that of his wife or any other responsible relatives in their family should be present before the second respondent Marriage Registrar for effectuating action as envisaged in Section 49(1) of the Special Marriage Act.
Finding of the Court:
The second respondent Notified Marriage Officer shall consider the request made in Ext.P2 application and to take necessary action on the request made by him for correction of the entries made in Ext.P1 Marriage Certificate, in accordance with the provisions contained in Section 49 of the Special Marriage Act, 1954, without much delay, preferably within a period of one month from the date of submission of the affidavit of the petitioner and the signed declaration of his wife, as aforestated.
Result : Allowed
The petitioner seeks direction from this Court to ensure rendering of early decision on his request submitted as per Ext.P2 for correction of errors that have crept in Ext.P1 Marriage Certificate issued under Section 13 of the Special Marriage Act, 1954. The prayers in the above Writ Petition (Civil) are as follows :
(a) Issue a writ of mandamus or any other writ, order or direction directing the respondents to allow Exhibit P2 application by correcting the name of petitioner in Exhibit P1 marriage certificate from 'RINIL RAJ.R' to 'RINILRAJ RAJU' in tune with the Exhibit P3 to P6 within the time limit framed by this Hon'ble Court.
(b) Issue such other writ, order or direction as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.
2. Heard Sri. Justin Jacob, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.
3. The petitioner's full name as shown in Ext.P4 statutory Birth Certificate, Ext.P3 Passport etc. is “RINILRAJ RAJU” and his father's name is “RAJU” as shown in Exts.P4, P3 etc. Solemnization of the marriage of the petitioner with “Jennifer Sandra Lurshay”, was registered in accordance with the provisions contained in the Special Marriage Act and Ext.P1 Marriage Certificate was issued by the second respondent who is the Notified Marriage Registrar as per the Special Marriage Act. However, the name of the petitioner in Ext.P1 was shown as “RINIL RAJ.R” whereby the last alphabet 'R' stood for 'RAJU', which is his surname, based on his father's name. So also, instead of showing the name of the petitioner as “RINILRAJ” as shown in Exts.P4 and P3, it is stated as “RINIL RAJ” in Ext.P1 certificate. As the petitioner's wife is employed in the United States of America, petitioner has to submit his papers before the Immigration Authorities of the Government of that Foreign Country, petitioner has now been advised that his name and other details shown in Ext.P1 Marriage Certificate should be the same as the entries in Ext.P4 statutory Birth Certificate and Ext.P3 Passport issued by the Government of India. In order to correct the said inadvertent mistake which has occurred in Ext.P1 Marriage Certificate, petitioner has submitted Ext.P2 application dated 22.10.2018 before the second respondent, who is the Notified Marriage Registrar as per the provisions contained in the Special Marriage Act. Petitioner seeks early consideration and decision on Ext.P2 request made by him for correction in Ext.P1.
4. Section 49 of the Special Marriage Act, 1954 deals with correction and mistakes which provides as follows :
“49. Correction of errors.-(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof.
(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.
(3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.”
5. Sub-section (1) of Section 49 stipulates that the Marriage Officer is empowered to consider the corrections if he discovers any error in the form or substance of any entry, then, he may, within one month next after the discovery of such error, may take steps for the correction of the said erroneous entries as stipulated in the said provision. How
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