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2025 Supreme(Online)(Ker) 58750

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
Snel Paul – Appellant
Versus
The Sub Registrar/Marriage Officer – Respondent
WP(C) NO. 48633 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.P.P.Biju
For the Respondents: Sri. T. Jayan, Government Pleader

The court upheld the statutory right of individuals to marry under the Cochin Christian Civil Marriage Act and provided procedural directions for compliance.

Headnote:Writ petition filed under Article 226 seeking a mandamus to accept the notice of intended marriage per Section 7 of the Cochin Christian Civil Marriage Act, 1095. Petitioners claimed the 1st respondent's failure to accept their application was unlawful. Court directed petitioners to submit an offline application and mandated respondents to process the application expeditiously within ten days.

Result: Writ Petition is disposed of with directions.

Table of Content
1. petitioners' right to register marriage under statute is upheld. (Para 1 , 2 , 3)
2. the necessity for proper application submission is emphasized. (Para 4 , 5)
3. court instructs prompt processing of application within ten days. (Para 6)

JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

i. Issue a writ of mandamus or any other writ, order or direction, commanding the 1st respondent to accept the notice of intended marriage of the petitioners as per Section 7 of the Cochin Christian Civil Marriage Act , 1095 and publish the same and solemnize the marriage on expiry of the 4 days notice and to issue the marriage certificate as conclusive proof of their marriage in compliance with the provisions of the , 1095.

2. The petitioners state that they are Indian citizens and residing at Ernakulam. The 1st petitioner, Snel Paul, is working as caregiver in Israel. The 2nd petitioner, Nittu Paul, is working as Junior Resident Doctor, ESI Medical College, Alwar, Rajasthan. The petitioners further state that they belong to Christian religion.

3. The petitioners approached the 1st respondent and submitted a notice under Section 7 of the Cochin Christian Civil Marriage Act , 1920 as they intended to register their marriage in accordance with the said Act. The 1st respondent has not accepted the said application.

4. The learned counsel for the petitioners submitted that the 1st petitioner has only short leave and he has to return to Israel on

07.02.2026.

5. The learned Government Pleader takes notice for the respondents. The learned Government Pleader submits that the petitioners have submitted an online application. However, as per the Rules the petitioners have to submit an offline application. If such application is filed by the petitioners, the respondents are ready to process it expeditiously.

6. Having regard to the submissions made by the learned Government Pleader, this Court deem it appropriate to dispose of the Writ Petition with the following directions:

i. The petitioners shall approach the respondents and submit proper physical / offline application as prescribed by the Rules.

ii. If such an application is filed, the respondents shall consider and dispose it of as expeditiously as possible, in accordance with law, at any rate within a period of ten days from the date of receipt of the application.

The Writ Petition is disposed of as above.

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