JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that the registration of the alleged marriage between the petitioner and the fourth respondent and issuance of the Certificate of Registration of Marriage dated 21.04.2015 in Marriage Sl.No.1230 of 2015 by the third respondent is contrary to law, null and void and not binding on the petitioner.)

1. The writ on hand has been instituted to declare the registration of the alleged marriage between the petitioner and the fourth respondent and the issuance of the Certificate of Registration of Marriage dated 21.04.2015 in Marriage Sl.No.1230 of 2015 by the third respondent is null and void and not binding on the petitioner.

2. The petitioner states that she is the native of Cochin, Ernakulam, State of Kerala and she was born and brought up at Cochin. The petitioner is a Graduate of B.Sc., (Visual Communication) and completed her Master Degree in Fine Arts during the year 2014.

3. The series of allegations raised in the affidavit filed by the petitioner against the fourth respondent, need not be considered by this Court at this juncture, in view of the fact that the petitioner and the fourth respondent are present before this Court and the Court found that the petitioner got married to one Mr.Ejas Vahid on 24.11.2016 and now she is living happily with her husband.

4. The Marriage function Photos and the Certificate of Marriage issued by the Registrar of Marriages are also placed before this Court. The photographs of the marriage functions were also placed to establish that the petitioner has already got married the abovesaid Mr.Ejas Vahid and, is living with him for the past about 5 years at Kerala.

5. This being the factum now established after the lapse of about five years from the date of filing of the present writ petition, this Court has to consider the issues in a pragmatic way, as it involves the personal life of the petitioner and the fourth respondent.

6. The fourth respondent, who is physically present before this Court also raised certain allegations and further contended that the allegations raised by the petitioner are false and incorrect. However, this Court suggested that there is no point in adjudicating those allegations before the High Court in the writ proceedings under Article 226 of the Constitution of India and the writ petition has been filed challenging the legal validity of the registration of the marriage and the consequential Certificate issued by the Registrar of Marriage.

7. The learned counsel appearing on behalf of the fourth respondent pointed out that the petitioner has filed false complaint against the fourth respondent and the Kerala Police conducted investigations and dropped all the allegations against the fourth respondent and recorded that the complaint itself is a mistake of fact. By making such submission, the learned counsel for the fourth respondent reiterated that the petitioner has not come forward with the correct facts and therefore, the writ petition is to be rejected.

8. It is relevant to consider the validity of registration of the marriage between the petitioner and the fourth respondent and the Certificate of Registration issued by the Competent Authority. Tamil Nadu Registration of Marriages Act, 2009 [hereinafter referred to as the 'Act', in short], Section 5 sub-section (1) of the Act, enumerates Memorandum of Marriage states that "the parties to a marriage shall prepare a memorandum of marriage in such Form as may be prescribed in duplicate and shall deliver it in person or send in the manner as may be prescribed, to the Registrar of the area where the marriage is performed within ninety days from the date of the marriage. Provided that the memorandum may be delivered or sent to the Registrar within a further period of sixty days after the e