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2019 Supreme(Online)(KER) 30596

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941

WP(C).No. 13981 of 2019

PETITIONER:

PRATHAPAN

AGED 39 YEARS

S/O.SARASAMMA, THONDALIL HOUSE, KOTTANALLUR,

MANAKKALA P.O., ADOOR, PATHANAMTHITTA DISTRICT.

BY ADVS.

SRI.D.KISHORE

SMT.MEERA GOPINATH

SMT.MINI GOPINATH

RESPONDENT/S:

1

THE REGISTRAR GENERAL OF MARRIAGES (COMMON)

(DEPUTY DIRECTOR OF PANCHAYATS), GOVERNMENT OFFICE,

PATHANAMTHITTA-689 645.

2

THE LOCAL REGISTRAR OF MARRIAGES(COMMON),

(SECRETARY, KADAMPANADU GRAMA PANCHAYAT),

PATHANAMTHITTA-691 553.

BY ADV.

SRI.R RAJASEKHARAN NAIR, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

28.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13981 of 2019 2

The petitioner's earlier marriage was dissolved by Dubai Court.

Thereafter, the petitioner married one Soumya on 04.11.2018 at

Mannady Temple. He submitted an application for registration of his

marriage under the Kerala Registration of Marriages (Common)

Rules,2008. The Local Registrar of Marriages refused to register the

marriage of the petitioner stating that the divorce granted by the Dubai

Court is not recorded.

India and U.A.E have entered into an agreement for execution of

decree recognising decree of both countries under Section 44 A of the

Civil Procedure Code. A decree passed by the Courts in foreign country

based on such bilateral agreement is executable. That means, the

decree is a deemed decree for all practical purposes. No doubt, such a

decree can be challenged by any person aggrieved on any of the

grounds enumerated under Section 13 of the Civil Procedure Code.

However, so long as the decree stands in force, all public authority and

the Court in India, are bound to recognise such foreign decree.

In the light of the above, the respondents are directed to register

the marriage in accordance with law, without any delay.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

LEK

WP(C).No. 13981 of 2019 3

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE RECONCILIATION AGREEMENT

NO.790/2018 DATED 03.04.2018 ISSUED BY THE

DUBAI COURTS.

EXHIBIT P1 A

THE ENGLISH TRANSLATION OF EXHIBIT P1.

EXHIBIT P2

TRUE COPY OF THE DIVORCE CERTIFICATION

NO.65/M/2018 ISSUED BY THE PERSONAL STATUS

COURT, GOVERNMENT OF DUBAI ALONG WITH

SETTLEMENT AGREEMENT.

EXHIBIT P2 A

THE ENGLISH TRANSLATION OF EXHIBIT P2.

EXHIBIT P3

TRUE COPY OF THE CERTIFICATE DATED

06.11.2018 ISSUED BY THE SUB GROUP OFFICER,

TRAVANCORE DEVASWOM BOARD.

EXHIBIT P4

TRUE COPY OF THE APPLICATION DATED

12.11.2018 SUBMITTED BY THE PETITIONER AND

SMT.SOUMYA.T. IN FORM NO.1, RULE9(1) OF

KERALA REGISTRATION OF MARRIAGES(COMMON),

RULES 2008.

EXHIBIT P5

TRUE COPY OF THE PROCEEDINGS NO.A5.6278.19

DATED 22.1.2019 ISSUED BY THE 2ND

RESPONDENT.

EXHIBIT P6

TRUE COPY OF THE APPLICATION DATED

30.01.2019 SUBMITTED BY THE PETITIONER

BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A

TRUE COPY OF THE INFORMATION DATED

25.02.2019 GIVEN BY THE 2ND RESPONDENT TO

EXHIBIT P6.

RESPONDENT'S/S EXHIBITS: NIL

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