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2024 Supreme(Online)(KER) 35425

HIGH COURT OF KERALA
GOPINATH P, J
SHEBA SAM BENJAMIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
RAGHUL SUDHEESH, ELIZABETH MATHEW, AMBILY T. VENU, KRISHNAVENI M., ANUGRAHA P., AVANI P.S., SUNIL KURIAKOSE

JUDGMENT

This writ petition has been filed seeking the following reliefs:

I. “Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the second Respondent to accept Ext.P1 application;

II.Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the first Respondent to declare that Government Pleaders are Gazetted Officers and hence eligible to accept documents;

AND III.To pass such other reliefs that this Hon’ble Court may think fit in the interest of justice, equity and good conscience”.

2. The brief facts of the case are as follows:

The petitioner is an Indian citizen, permanently residing at the address shown in the cause title. According to her, she intends to get married to one Abraham Efrain Vargas, a citizen of the United States of America, and therefore submitted an application before the 2nd respondent for registration of the marriage under the Special Marriage Act , 1954. A copy of the notice of the intended marriage is on record as Ext.P1. According to the petitioner, the 2nd respondent is taking the view that the document submitted by the petitioner and her fiancé, which was attested by a Government Pleader of this Court, cannot b

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