IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

W.P.No.10106 of 2021

A.C.Aswini

... Petitioner

Vs.

1.The Inspector General of Registrar,

Santhome High Road, Chennai.

2.The Deputy Registrar,

O/o. District Registrar,

Paikinar Village,

Cheiyar Thiruvannamalai District.

3.The Sub Registrar (Marriage Registrar),

O/o. Sub Registrar,

No.7, Kottai South Street,

Arani.

4.Srinivasan

... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution

of India, to issue a writ of Mandamus to direct the 1^st

respondent herein to cancel the marriage certificate dt.

31.10.2018 registered at S.R.O. Arani in Serial No.168 of 2018

after prima facie enquiry in accordance with law.

For Petitioner

: Mr.M.E.V.Thulasi

For Respondents : Mr.Yogesh Kannadasan for R1 to R3

Government Advocate

Mr.A.Swaminathan for R4

ORDER

The petitioner has filed a writ of Mandamus to direct the

first respondent to cancel the marriage certificate dated

31.10.2018 registered before the S.R.O. Arani in Serial No.168

of 2018 after conducting an enquiry in accordance with law.

2.The case of the petitioner is that she had completed

Master degree in Computer Science and her father passed away

in the year 2007 due to cardiac attack and since then, she is

looking after by her uncle Mr.Ravi Shankar and aunt Mrs.Sathya

https://hcservices.ecourts.gov.in/hcservices/

Bama. According to the petitioner, the fourth respondent

herein and his family members approached her uncle and aunt

and proposed to marry her alleging that the fourth respondent

is working as an Engineer in Singapore.

3.According to the petitioner, betrothal was conducted

between her and the fourth respondent herein in a grand

manner on 27.10.2018 and marriage date was fixed on 10.02.2019

and subsequently, the fourth respondent parents had insisted

her uncle to register the marriage, before the marriage to be

solemnized as per Hindu rites and customs to enable the fourth

respondent to proceed for Visa processing. According to the

petitioner, her family members also accepted the same and

registered the marriage on 31.10.2018 registered at S.R.O.

Arani in Serial No.168 of 2018. According to the petitioner,

on 13.11.2018, the fourth respondent has informed her uncle

through his family members that he is not interested in

marrying her for the reasons best known to him.

4.According to the petitioner, in spite of several

efforts taken by her family members, the fourth respondent was

very stubborn that he is not interested in marrying her.

According to the petitioner, she agreed to enter into an

unregistered agreement dated 13.02.2019 with the fourth

respondent mutually agreeing to cancel the said marriage

certificate dated 31.10.2018 by following the procedure as

mandated in law.

5.That being the case, if any one files a divorce

petition for cancelling the wedding, the second party will

also cooperate with the same for getting a divorce.

6.According to the petitioner, she had sent a

representation to the respondents 1 to 3, to cancel the

illegal marriage certificate dated 31.10.2018 in serial No.168

of 2018 registered at S.R.O. Arani for the purpose of Visa

processing to Singapore. But, till date, there is no response

from them. The petitioner submits that she is left with no

other efficacy, the petitioner before this Court to direct the

first respondent herein to cancel the marriage certificate

dated 31.10.2018 registered at S.R.O. Arani in Serial No.168

of 2018 after conducting an enquiry in accordance with law.

According to the petitioner, though she is a spinster, because

of the registered marriage certificate dated 31.10.2018 she is

being considered as married women in the eyes of law and the

in