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2023 Supreme(Ker) 524

P. V. KUNHIKRISHNAN
Arun A. S/o Arjunan K. – Appellant
Versus
Marriage Officer (Sub-Registrar) Karakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Anoop.
For the Respondent: B.S. Syamantak.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The above writ petition is filed with the following prayers:

    “(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent herein to solemnize the marriage by accepting Ext-P10 notice immediately under Special Marriage Act in accordance with the provision contained in the said Act by taking note of Ext P8 divorce decree.

(ii) Declare that the respondent is duty bound to accept Ext-P8 and to allow the petitioner for registering his marriage under Special Marriage Act.

(iii) Grant such other reliefs as this Honorable Court would deem fit and proper.

(iv) Dispense with production of filing translation of vernacular documents.” (SIC)

2. The petitioner was an Indian citizen earlier and now he is a British citizen which is evident by Exts.P3 and P4 British passports. The petitioner married one Anjana in the year 2011 and subsequently because of difference of opinion between them, a divorce application was filed before the Family Court in HM Courts and Tribunal Services in U.K. which is evident by Ext.P6. It is submitted that the HM Court heard the matter in detail and passed the decree of divorce absolute on 30.11.

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