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2024 Supreme(Online)(KER) 1556
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SANDHYA SHANI @ SANDHYA BHASKAR – Appellant
Versus
THE MARRIAGE OFFICER, (UNDER SPECIAL MARRIAGE ACT), SUB REGISTRY OFFICE – Respondent
WP(C) 6191/2015
The court affirmed the ability to waive personal appearance requirements in marriage registration, under Section 15 of the Special Marriage Act.
Headnote:
Writ - Marriage Registration - Special Marriage Act - Section 15 - The court granted a direction to dispense with personal appearance of the petitioner's husband in the marriage registration process, highlighting the provision under Section 15 of the Special Marriage Act.
Fact of the Case:
The petitioner sought a writ of mandamus to allow her to submit her application for marriage registration without the personal appearance of her husband, under Section 15 of the Special Marriage Act.
Finding of the Court:
The court found merit in dispensing with the personal appearance requirement for the petitioner's husband, facilitating the marriage registration process as per the Special Marriage Act.
Issues: Whether the personal appearance of the petitioner's husband was necessary for the registration of marriage under Section 15 of the Special Marriage Act.
Ratio Decidendi: The court interpreted Section 15 of the Special Marriage Act, allowing for relaxation of procedural requirements in certain circumstances to promote efficiency in marriage registration.
Final Decision: The writ petition was closed with the direction to dispense with personal appearance.
The above writ petition is filed with following prayers :
- i) “To issue a writ of mandamus or any other appropriate writ or order or direction, directing the 1st respondent to dispense with personal appearance of the petitioner's husband for exhibiting notice U/s 15 of the Special Marriage Act and to allow the petitioner to submit EXHIBIT-P11 application for registration of marriage under section 15 of the Special Marriage Act.
- ii) Such other relief which may deem fit and necessary for the disposal of the writ petition.”[ sic]
2. When this writ petition came up for consideration on 27.02.2015, this Court was pleased to issue a direction to the 1st respondent to dispense with the personal appearance of the petitioner's husband for exhibiting and issuing notice for marriage while submitting application under Sec.15 of the WP(C) NO. 6191 OF 2015 Special Marriage Act . In the light of the above order, no further order is necessary.
Recording the above order, this writ petition is closed.
