SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Online)(KER) 35100

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943 WP(C) NO. 18033 OF 2021 PETITIONER:

MARY SHIRLY T.

AGED 43 YEARS W/O.JOSEPH BERNAD, SARPATHU VILAYIL, CHAVARA SOUTH, THEKKUM BHAGOM, KOLLAM - 691 581.

BY ADVS.

JAI GEORGE DAISY A.PHILIPOSE RESPONDENTS:

1 THE CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON)

DIRECTOR OF PANCHAYATHS, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM - 695 033.

2 THE LOCAL REGISTRAR OF MARRIAGES (COMMON)

(THE REGISTRAR OF BIRTH AND DEATHS), AND THE SECRETARY, THEKKUMBHAGOM GRAMA PANCHAYAT, CHAVARA SOUTH, THEKKUM BHAGOM, KOLLAM DISTRICT - 691 581.

ADV.P.S.APPU, GP ADV.JUSTINE JACOB ADV.RAJEE P MATHEWS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['JAI GEORGE', '', 'DAISY A PHILIPOSE', 'JUSTINE JACOB', 'RAJEE P MATHEWS']

JUDGMENT

This writ petition is filed seeking a direction to the respondents to consider Ext.P3 application and for permission to register the marriage under the Kerala Registration of Marriages (Common) Rules, 2008 by securing the presence of the petitioner's husband through video conferencing and to issue a Marriage Certificate to the petitioner.

2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 2nd respondent.

3. It is submitted by the learned counsel for the petitioner that the marriage of the petitioner was conducted on 29.05.1996 at the St.Joseph Church, Thekkumbhagom, Chavara South, Kollam. It is stated that Ext.P1 is the Marriage Certificate issued from the Church. The petitioner had submitted Ext.P3 application for registration of marriage after complying with all formalities and that the same is liable to be considered by the 2nd respondent and permission is to be granted for registration of the marriage after obtaining the presence of the petitioner's husband, who is unable to be present personally, through video conferencing.

4. The learned Government Pleader, on instructions, submits that general instructions have already been issued permitting the registration of marriages after obtaining the presence of one or both of the parties to the marriage through video conferencing and after ascertaining that the application for registration is submitted with their knowledge and consent.

5. In the above view of the matter, I am of the opinion that Ext.P3 application preferred by the petitioner is to be considered in accordance with law. The petitioner shall follow all necessary procedure and pay the required fee and shall approach the 2nd respondent for the registration along with an authorized representative of her husband and two witnesses. The identity and address proof of the parties and witnesses shall also be made available. The petitioner shall also make available all necessary arrangements for obtaining the presence of the petitioner's husband through video conferencing. After ascertaining that the application is made with the knowledge and consent of the husband, his duly authorized representative shall be permitted to sign the register on behalf of the petitioner's husband. After registration of the marriage, the Marriage Certificate shall also be issued to the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 18033/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE ST.JOSEPH CHURCH, THEKKUMBHAGAM DATED

15/4/2008.

Exhibit P2 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER'S HUSBAND.

Exhibit P3 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF MARRIAGE ALONG WITH THE ACKNOWLEDGMENT RECEIPT DATED 1/12/2020.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 15/2/2021 IN W.P.(C) NO.2792/2021.

RESPONDENT'S/S EXHIBITS: NIL

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top