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2021 Supreme(Online)(KER) 14729
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943 WP(C) NO. 11832 OF 2021 PETITIONERS:
1 FREDERIC RENET AGED 26 YEARS, S/O. RENET JOHN, PYNADATH (H), KARUKUTTY P.O, ANGAMALY, ERNAKULAM 683572
2 ANU THOMAS, AGED 24 YEARS, D/O. THOMAS K.A, KUDIYIRIPPIL (H), MATTOOR , KALADY, ERNAKULAM 683574 BY ADV P.JINISH PAUL RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE REGISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001.
2 THE SUB REGISTRAR, OFFICE OF SUB REGISTRAR, ANGAMALY, ERNAKULAM, PIN 683572 SMT. VIDHYA A.C., GOVT. PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
DATED THIS THE 11th DAY OF JUNE, 2021 The petitioners have approached this court with a grievance that they are not being permitted to register their marriage under the Cochin Christian Civil Marriage Act, 1920. The learned Government Pleader on instructions submits that the 2nd respondent could not permit registration of the marriage under the provisions of the aforesaid Act since the petitioners were not residents of erstwhile Cochin State. It is submitted that the aforesaid Act applies only to the residents of erstwhile Cochin State.
2. Today the learned counsel for the petitioner has placed on record Ext.P11 certificate issued by the Village Officer, Karukutty which shows that the 1st petitioner is a resident of the erstwhile Cochin State. It is not disputed that if one of the parties to the marriage reside within the territorial limits of erstwhile Cochin State, the marriage can be registered under the provisions of the aforesaid Act.
3. Accordingly this writ petition is disposed of directing the 2nd respondent to accept Ext.P2 and treat notice of marriage as having been given on the date that Ext.P2 was filed and cause registration of the marriage of the petitioners under the provisions of the Cochin Christian Civil Marriage Act, 1920. If there are any defects in the application made by the petitioners, the petitioners shall immediately cure such defects to enable the 2nd respondent to comply with the directions issued as above. If the petitioners present themselves before the 2nd respondent on 14-06-2021 the marriage shall be registered under the provisions of the Cochin Christian Civil Marriage Act, 1920, on the same day, if necessary by waiving the notice period.
GOPINATH P.
JUDGE
APPENDIX OF WP(C) 11832/2021 PETITIONER ANNEXURE Exhibit P1 THE TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM THE COMPANY.
Exhibit P2 THE TRUE COPY OF THE NOTICE OF MARRIAGE DATED
01.06.2021 SUBMITTED BY THE 1ST PETITIONER.
Exhibit P3 THE TRUE COPY OF THE MAIL SENT ON 02.06.2021 BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE MAP OF THE COCHIN STATE AVAILABLE IN ONLINE IN THE SURVEY AND LAND RECORDS OFFICE, THRISSUR.
Exhibit P5 THE TRUE COPY OF A MAP OF THE COCHIN STATE AVAILABLE ONLINE.
Exhibit P6 THE TRUE COPY OF SO-CALLED MAP OF TRAVANCORE STATE RELIED UPON BY THE RESPONDENTS.
Exhibit P7 THE TRUE COPY OF RELEVANT PAGES OF WIKIPEDIA OF KINGDOM OF COCHIN AVAILABLE ONLINE.
Exhibit P8 THE TRUE COPY OF JUDGMENT IN W.P.(C) 30163/2019 DATED
08.11.2019.
Exhibit P9 THE TRUE COPY OF JUDGMENT IN W.P.(C) 19216/2012 DATED
14.08.2012.
Exhibit P10 THE TRUE COPY OF JUDGMENT IN W.P(C) 11576/2021 DATED
03.06.2021.
Exhibit P11 THE TRUE COPY OF CERTIFICATE DATED 09.06.2021 ISSUED BY THE VILLAGE OFFICER, KARUKUTTUY VILLAGE.
