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2021 Supreme(Online)(KER) 44328

RESHMA MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['P SANJAY', '', 'A PARVATHI MENON', 'BIJU MEENATTOOR', 'PAUL VARGHESE PALLATH', 'P A MOHAMMED ASLAM', 'KIRAN NARAYANAN', 'PRASOON SUNNY', 'RAHUL RAJ P', 'GOVERNMENT PLEADER']

JUDGMENT

Dated this the 27th day of October, 2021 The petitioner who is an Indian citizen has approached this Court seeking to direct the 2nd respondent to proceed with Ext.P3 notice and register the marriage of the petitioner.

2. The petitioner states that her marriage with her fiance David Cheshire who is a U.K. Citizen, is to be solemnised. The petitioner submitted online application for solemnization of marriage under the Special Marriage Act, 1954. However, the 2nd respondent is refusing to process the application, insisting on production of copy of the photographs attested by a Gazetted Officer. The petitioner submits the she has already tendered photographs attested by a Notary in U.K. The refusal of the petitioner to process the application is arbitrary, contends the petitioner.

3. The learned Government Pleader on instruction submits that the petitioner is bound to produce an Embassy attested Single Status Certificate having validity which has been issued within the preceding one year. Furthermore, it is also a procedural requirement that the petitioner produce photographs of the parties attested by a Gazetted Officer.

4. The learned counsel for the petitioner submits that she

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