The court emphasized the Registrar's obligation to consider name variations in marriage registration requests, stressing equity over technicalities.

JUDGMENT

The grievance of the petitioner is in respect of the impugned Ext.P4 order dated 06.06.2018 rendered by the 1^st respondent- Registrar General of Marriages (Common) whereby the said official has refused to grant permission to the 2^nd respondent- Local Registrar to register the marriage of the petitioner, on the ground that, as the name of the petitioner as shown in the application is in variance with her name at the time of her marriage.

2. The prayers in this writ petition (civil) are as follows:-

“i) To issue a Writ of Certiorari or any other appropriate Writ or any other appropriate writ order or direction to set aside Ext P4 order.

ii) Call for the records relating to the Ext P4 order from the 1^st respondent and this Hon'ble Court may be pleased to quash the same.

iii) Direct the respondents to consider the documents produced by the petitioner and issue marriage certificate to the petitioner in the name of Princy within a time frame.

iv) Issue direction to the respondents 1 & 2 to give an opportunity to adduce evidence if further evidence is required.

v) Issue such other appropriate reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstance of the case.”

3. Heard Sri.K.Narayanan, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondent No.1 and Sri.Sheejo Chacko, learned counsel appearing for respondent No.2.

4. It is the case of the petitioner that her name has been duly entered as “Princy” in the birth and baptism certificate maintained by the parish church concerned as evident from Ext.P2 and that her name has also been duly shown as “Princy” in Ext.P6 Election Commission of India Identity Card, Ext.P6(a) Pancard issued by the Income Tax Department of the Government of India, Ext.P6(b) passport, Ext.P6(c) Aadhar card, Ext.P6(d) driving licence, Ext.P6(e) ration card, etc. That however her parents had entered her name in the school records as “Mary.M.A.” which got recorded also in Ext.P7 SSLC Book. Ext.P8 dated 10.10.2006 is the Gazette of Kerala Publication dated 10.10.2006 in regard to the Notification regarding her change of name, which reads as follows:-

“It is hereby notified for the information of all authorities concerned and the public that -I, Mary, M.A., Kannampuzha House, P.O. Kuzhikkattussery, Mukundapuram Taluk, Thrissur District, holder of S.S.L.C Book No.B 247389 with Register No.179959 of March 1981 issued by Department of Education, Government of Kerala and Pre-degree Examination Certificate No.24505 with Register No.35331 of April 1983 issued by University of Calicut dated on 20^th July 1983 and B.Com Second Year Examination Certificate No.30628 with Register No.13317 of April 1985 issued by University of Calicut dated on 5^th December 1985 and also known as Princy in the Election Identity Card No.KL/10/062/030277 issued by Election Commission of India dated 23-10-1998 and also known as Rosa (Mary) in the Marriage Certificate dated 20.11.1988 issued from St.Thomas Forana Church Ambazhakkad is one and the same person.

Hereafter, I will be known by the name Princy Joshy only.

This change will come into effect in all records related to me.”

5. The petitioner's name has also been entered as 'Princy'

in the passport of her husband as per Ext.P9. That her husband is permanently settled in Spain and steps have been taken for her permanent settlement in Spain, as her husband is suffering from serious cardiac ailments. The petitioner could understand that the Governmental Authorities of that foreign country would insist for a marriage certificate in order to evidence the factum of marriage of the petitioner with her husband. Thereupon the petitioner had preferred Ext.P3 application dated 22.1.2018 as a memorandum to register the said marriage which was preferred before the 2^nd respondent-Local Registrar of the Grama Panchayat concerned, under the provisions of the Kerala Registration of Marriages (Common) Rules, 2008 . Th