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