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SHOBA ANNAMMA EAPEN
Athul Dini – Appellant
Versus
District Registrar (G) – Respondent
JUDGMENT
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 register the celebration of marriage under Section 15 of the Special Marriage Act, 1954 (for short, “the Act”) before the second respondent. Pursuant to Ext.P1 application filed by them under Section 15 of the Act, Ext.P3 certificate of marriage celebrated in other forms was issued on 01.10.2022, however, without mentioning the actual date of celebration of marriage. Exts.P4 to P6 are the certificate of marri
Certificate of marriage – Authorities cannot deny request of petitioners to include date of celebration of marriage in marriage certificate.
Marriage certificates must accurately reflect the date of marriage as mandated by law, ensuring compliance with statutory requirements.
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 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....
The court may exercise extraordinary jurisdiction to amend marriage certificates despite procedural restrictions in specific cases for justice.
The notice period prescribed under S.5 of the Special Marriage Act is mandatory and cannot be relaxed, and there are penal consequences for non-compliance.
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