IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
S.Priya Dharshini – Appellant
Versus
The District Registrar Salem District, Salem – Respondent
WP No. 6354 of 2026
| Table of Content |
|---|
| 1. writ petition for marriage certificate cancellation based on mutual consent dissolution. (Para 1 , 2 , 3) |
| 2. responses on powers regarding cancellation of marriage records. (Para 4 , 5) |
| 3. court refrains from expressing opinion on merits. (Para 6) |
| 4. directive to consider petitioner's representation within eight weeks. (Para 7) |
ORDER
This writ petition has been filed to direct the respondents 1 and 2 to cancel the marriage registration certificate dated 21.08.2020, based on the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023.
2. The petitioner claims that by mutual consent, as per the provisions of Section 13B of the Hindu Marriage Act, the marriage between the petitioner and the third respondent got dissolved by the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. According to the petitioner, despite the same, the marriage registration certificate issued earlier has not been cancelled by the respondents 1 and 2.
3. The petitioner had given a representation on 27.01.2026 to the respondents 1 and 2, seeking for cancellation of the marriage registration certificate dated 21.08.2020 in the light of the fair and decreetal order passed by the learned III Subordinate Court, Madurai in H.M.O.P.No.115 of 2023 dated 10.08.2023. Since the said representation has not been considered till date, this writ petition has been filed.
4. Mr. U. Baranidharan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. Since no adverse orders are passed against the third respondent, notice to the third respondent is dispensed with by this Court.
5. On instructions, Mr. U. Baranidharan, learned Special Government Pleader would submit that the respondents 1 and 2 do not have the power to cancel the marriage registration certificate. However, he would submit that if the marriage between the petitioner and the third respondent was legally dissolved, appropriate entries will be made in the records maintained by the second respondent that the marriage between the petitioner and the third respondent has got dissolved.
6. This Court is not expressing any opinion on the merits of the petitioner’s representation dated 27.01.2026 referred to supra.
7. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner’s representation dated 27.01.2026, seeking for cancellation of the marriage registration certificate dated 21.08.2020 under which the marriage between the petitioner and the third respondent was registered after hearing the objections if any from the third respondent within a period of eight weeks from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is disposed of. No Costs.
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