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2020 Supreme(Ker) 439

ALEXANDER THOMAS
T. K. Mathew, S/o. Thommi Kuncheria – Appellant
Versus
Secretary And Registrar Of Marriages Thalavady Grama Panchayat, Alapuzha District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.GEORGE KURUVILLA(ALAPPUZHA)
For the Respondent: SRI.C.V.MANUVILSAN, SRI.K.J.MANU RAJ, GOVT.PLEADER

JUDGMENT :

The case set up in this Writ Petition (Civil) is as follows:

That the Registrar of Marriages is Secretary of Grama Panchayat, who is also the Registrar of Births and Deaths. All customary marriages have to be registered as per the directions of the Supreme Court dated 14-2-2006 and the State of Kerala framed rules in compliance with Supreme Court directions. The Kerala Registration of Marriages (Common) Rules, 2008 which accordingly framed, insists for presence of parties before Registrar for registration of marriages which is impractical, illegal and unconstitutional and against the principles embodied under the Supreme Court direction. The petitioner is the father of Linu Mathew. Linu Mathew and his wife got married as per Christian rites. Thereafter they applied for registration of marriages. But due to network failure in the office of the 1st respondent it could not be done. So they returned to Dubai for joining job. During COVID pandemic and lock down, Linu Mathew lost his job. But to continue stay at Dubai with his five month pregnant wife, he is required to produce marriage certificate. Even though applied and personally present on 6.1.2020 and thereafter on 7.1.202

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