JUDGMENT :

S. Manikumar, J

Challenging the judgment made in W.P(C). No.33608 of 2019 dated 23.1.2020, instant appeal is filed.

2. Facts in brief are as follows:

Appellant's son Mr. Niyas married 3rd respondent (Khairunnisa. P) and marriage was registered as per Kerala Registration of Marriage Rules on 16.6.2014. Niyas and the third respondent, for various reasons decided to separate and mutually agreed for pronouncing Talaq. They entered into an agreement on 23.5.2018, accepting Talaq. 3rd respondent is now married another person. As Niyas he is working abroad, appellant preferred Ext.P3 application dated 29.10.2019 before the concerned authorities for changing 3rd respondent's name as Niyas's wife, from visa, passport etc. Registrar of Birth, Death and Common Marriage, Valanchery Municipality (2nd respondent) has rejected the said application vide Ext.P4 notice stating that no court decree granting divorce has been submitted by the applicant and the parties to the marriage has not made any application for recording divorce. Hence writ petition was filed.

3. Writ court, after considering the rival submissions, observed thus:

“In pursuance to the notice issued by this Court, the learned