Point of Law: Issue regarding validity of the marriage will have to be decided by the Family Court.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. These cases tell a tale of an unscrupulous litigant who considers himself as the dominus litis, capable of knocking down all the directions in the judgments of this Court as well as the Apex Court in one stroke by not pressing his petition for restitution of conjugal rights filed before the Family Court, Thiruvananthapuram. First, we shall advert to the facts of the case before adverting to who is the master of the case in the Family Court jurisdiction.

2. Anjana, the petitioner in both cases, met J.A. Jayesh Jayaram when she went to take driving lessons at Shivanada Motor Driving school. Their intimacy developed, leading to the registration of their marriage before the Local Registrar under the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter referred to as the (“Marriage Rules”). Anjana's parents appear to have objected to the relationship. Alleging her illegal detention, Jayesh Jayaram approached this Court in W.P. (Crl.) No. 299/2015 seeking the writ of habeas corpus. It was alleged by Jayesh Jayaram that he married Anjana on 20.5.2015 at J.M. Hall, Vellarada, Thiruvananthapuram and the marriage was registered under the Marriage Rules before the Local Registrar of Marriages (Common) of Vellarada Grama Panchayat on 29.5.2015. Ext.P2 in both cases is the certificate of marriage issued by the Local Registrar under the aforesaid Rules. Anjana was produced before this Court pursuant to the direction in that case. On interaction, she denied having contracted the marriage with Jayesh Jayaram on 20.5.2015 at J.M. Hall, Thiruvananthapuram. According to her, she was forced to sign the register on pressure exerted by Jayesh Jayaram. She also stated before this Court that she was not under any illegal confinement. Based on the statement made before this Court by Anjana, this Court dismissed the habeas corpus writ petition on 14.7.2015.

3. Anjana moved the Local Registrar to cancel the registration of her marriage with Jayesh Jayaram. This was considered by the Local Registrar of marriage pursuant to the direction of this Court in W.P. (C) No. 36328/2015. Noting that there was no fraud or manipulation, the Local Registrar rejected the request for cancellation vide order dated 22.12.2015.

4. Anjana approached the Appellate Authority- Deputy Director of Panchayat, Thiruvananthapuram, challenging the order of the Local Registrar. The Appellate Authority, noting that no customary ceremonies were followed in the marriage, found the registration of the marriage to be illegal. Accordingly, ordered the cancellation of the registration as per the order dated 28.04.2016. In the meanwhile, Jayesh Jayaram approached the Family Court, Thiruvananthapuram, for restitution of conjugal rights. This was numbered as O.P. No. 85/2016.

5. Jayesh Jayaram, aggrieved by the order of the Appellate Authority cancelling registration, approached the Director of Panchayat in revision. Simultaneously, he appears to have moved the Government as well, challenging the order of the Appellate Authority. The Principal Secretary of the Local Self Government Institution of Government of Kerala vide order dated 30.1.2017 interfered with the order of the Appellate Authority and directed the revisional authority, the Director of Panchayat to ensure that the order of the Appellate Authority is withdrawn.

6. Anjana approached this Court in W.P. (C) No. 20897/2017, challenging the order of the Principal Secretary, Local Self Government Institutions, Government of Kerala. Anjana also had raised an objection as to the maintainability of O.P. No. 85/2016 on the file of the Family Court on the ground that the Appellate Authority interfered with the registration of marriage in the local register. The Family Court dismissed the objection raised by Anjana. Challenging the above order, Anjana came before this Court in O.P. (FC) No. 443/2016. A Division Bench of this Court considered the writ petition filed by Anjana as W.P. (C) No. 20897/