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2018 Supreme(Ker) 704

ALEXANDER THOMAS
Fathima Sheriff – Appellant
Versus
Sub Registrar – Respondent


Advocates Appeared:
For the Petitioners: Sangeetha Lakshmana
For the Respondents: A.C. Vidhya

JUDGMENT :

The 1st petitioner who is a divorced Muslim lady, is aggrieved by the impugned Ext.P3 order dated 14.9.2018 rendered by the respondent Sub Registrar, SRO, Ernakulam to the extent he has insisted that the first petitioner should necessarily produce a decree from the competent Court for proving the dissolution of her marriage, before her application for solemnization of marriage with the proposed groom under the provisions of the Special Marriage Act, 1954 could be considered by him.

2. The prayers in this Writ Petition (Civil) are as follows :

“(i) Issue a Writ of Certiorari or such other Writs, Order or Direction quashing Exhibit P3 Order Dt.14.09.2018 passed by the Second Respondent.

(ii) Issue a Writ of Mandamus or such other Writ, Order, or Direction directing the Respondents to register the marriage of the Petitioners immediately upon completion of the statutory time limit of 30 days from Exhibit P1 Application Dt.13.09.2018 as prescribed under S.5 of the Special Marriage Act, 1954.

(iii) Issue a Writ of Mandamus or such other Writ, Order or Direction directing the Respondents to consider afresh and pass appropriate Orders and dispose off Exhibit P1 Application Dt.13.09.2













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