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2021 Supreme(Ker) 267

P.V.ASHA
Ajmal Asharaf – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: K.B. Gangesh & Athira A. Menon
For the Respondents: Government Pleader (B. Vinitha)

JUDGMENT :

1. Petitioners who are employed in Dubai and Abudabi, had submitted Ext.P1 notice for their intended marriage under Special Marriage Act before the second respondent-Marriage Officer, Sub Registrar Office, Mathilakam, on 28.01.2020 by registered post. They were under the fervent hope that they would be able to come to India and get their marriage solemnised and registered immediately on expiry of the notice period. On account of the out break of Covid-19 pandemic they were compelled to work abroad and were unable to reach their home town as planned. In January 2021, they have come and submitted another notice Ext.P4. It is stated that they have to join duty abroad on 13.02.2021. Therefore they had approached the second respondent for taking steps for solemnization and registration of their marriage before completion of the notice period. The Sub Registrar rejected the request as per Ext.P5 letter stating that marriage can be solemnized only after the mandatory notice period prescribed in Section 16 of the Special Marriage Act except after 13.02.2021. Petitioners have therefore filed this Writ Petition challenging Ext.P5 order and seeking a direction to the second responde

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