1. The petitioner is a Muslim. He originally marked one Smt. Tahira. The said marriage was dissolved as per the procedure prescribed under the personal law of the petitioner on 27-12-2004., Now the petitioner desires to marry another lady and wants the marriage solemnized and registered under the provisions of the Special Marriage Act, 1954 . Under the Special Marriage Act, a marriage cannot be registered under
the Act if another spouse is living. Therefore, the Marriage Registrar insisted on production of a court decree dissolving the earlier marriage for solemnization and registration of the petitioner's second marriage. According to the petitioner, a Muslim, as per personal law, need not get a decree from a Civil Court for a valid divorce of his wife and what he needs is only a certificate from the concerned Juma-Ath to the effect that divorce has been effected in accordance with the personal law. The petitioner has in fact filed Ext. P1 certificate to that effect issued by the Ernakulam Muslim Juma-Ath. The 2nd respondent Marriage Officer refuses to act on the same and insists on a decree from a court of law. This stand of the 2nd respondent is under challenge in this Writ Peti