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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
Athul Dini – Appellant
Versus
District Registrar (G) – Respondent
| Table of Content |
|---|
| 1. marriage certificate should reflect the actual celebration date. (Para 2 , 5) |
| 2. software limitations can't justify non-compliance. (Para 3 , 4) |
| 3. software limitations do not excuse non-compliance with legal requirements. (Para 6 , 7) |
| 4. authorities must issue certificates correctly as per the act. (Para 8 , 9) |
| 5. writ petition must be allowed to rectify the certificate. (Para 10) |
JUDGMENT :
Shoba Annamma Eapen, J.
The writ petition is filed with the following prayers:
i. To issue a writ of certiorari or any other appropriate writ, directions or orders calling for the records leading up to Ext.P10 and set aside Ext.P3, P8 and P10.
ii. To issue a writ of mandamus or any other appropriate writ, directions or orders directing the 2nd respondent to issue a fresh certificate of marriage celebrated in other forms under section 15 and 16 of the Special Marriage Act 1954 mentioning the actual date of the solemnization/celebration of the marriage of the petitioners as 10/07/2022.
2. The petitioners, who are husband and wife, got married on 10.07.2022 in a ceremony conducted in accordance with the Hindu rites and customs. Since they are employed abroad, it was necessary for them to
Marriage certificates must accurately reflect the date of marriage as mandated by law, ensuring compliance with statutory requirements.
Certificate of marriage – Authorities cannot deny request of petitioners to include date of celebration of marriage in marriage certificate.
The main legal point established in the judgment is that the names in the marriage certificate should match the names in the passport, and the absence of a specific provision under the Tamil Nadu Reg....
The main legal point established is that the names in the marriage certificate should match the names in the passport, and the court has the authority to direct the amendment of the certificate based....
Marriage Certificate – Once Marriage Certificate is issued to parties under Special Marriage Act, it is conclusive evidence of legality and solemnity of marriage until it is set aside for any valid r....
The court may exercise extraordinary jurisdiction to amend marriage certificates despite procedural restrictions in specific cases for justice.
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