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.13.09.2018 submitted by the Petitioners in accordance with law in a time frame manner as stipulated by this Hon'ble Court.”

3. Heard smt. Sangeetha Lakshmana, the learned counsel appearing for the petitioners and Smt. A.C. Vidhya, the learned Government Pleader appearing for the respondent Sub Registrar.

4. According to the petitioners, the 1st petitioner belongs to the Muslim Community had earlier contracted a marriage on 20.5.2007 with one Dr. Saruddin Shazeer Majeed, who is also a Muslim. The relationship between the 1st petitioner and her spouse got irretrievably broken down and her spouse had pronounced 'talak' (divorce) in respect of the above said marriage, as per the enabling provisions in the Muslim Personal Law, on 14th June, 2014. Ext.P1(6) is the 'talak' rendered by the 1st petitioner's husband on 14.6.2014. The Muslim Jama-Ath, Thrissur has issued Ext.P1(7) certificate dated 14.09.2018 certifying that the marital relationship between the 1st petitioner (Dr.Fathima Sheriff) and the above said Dr. Saruddin Shazeer Majeed has been dissolved by 'talak' rendered on 14.6.2014 etc. Et.P1(7) certificate dated 14.9.2018 issued by the Thrissur Muslim Jama-Ath reads as follows :

“Date 14.09.2018

xxxxxxx

(Seal)

THRISSUR MUSLIM JUMA-ATH

KOKKALAI”

5. The 1st petitioner now intends to marry the 2nd petitioner who belongs to Hindu Religion and therefore, the marriage could be solemnized and registered only in accordance with the provisions contained in the Special Marriage Act, 1954. The petitioners have submitted the statutory notice of intended marriage dated 14.9.2018 as per Section 5 of the said Act read with the 2nd Schedule thereto as evident from Ext.P1 to the respondent, who is the statutorily notified Marriage Officer as per the provisions of the above said Act. According to the petitioners, they have submitted all the necessary materials for supporting their Section 5 notice and that Ext.P1 (6) 'talak' (divorce) and Ext.P1 (7) certificate of the Thrissur Muslim Jama-Ath etc. have also been made available before the respondent Marriage Officer and that the requisite fee has also been paid as per Ext.P2. Now the respondent Marriage Officer has issued the impugned Ext.P3 letter dated 14.9.2018 intimating the 1st petitioner that her application for solemnization of marriage under the above said Act could be taken up only after she produces a decree from the competent Court to evidence the dissolution of her first marriage. It is this order Ext.P3 that is under challenge in this Writ petition.

6. At the outset it is to be noted that Ext.P1(6) 'talak' (divorce) has been rendered more than three years ago. The respondent Marriage Officer has no case that either of the parties to the first marriage has any dispute regarding the validity of Ext.P1 (6) 'talak' (divorce