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2013 Supreme(Online)(KER) 2035

HIGH COURT OF KERALA
K.SURENDRA MOHAN, J
SITHARA HAMZA KIZHAKOOT – Appellant
Versus
LOCAL REGISTRAR SECRETARY    Advocate -SRI GEORGE SEBASTIAN – Respondent


J U D G M E N T

The petitioner has filed this Writ Petition seeking a declaration that Ext.P1 marriage certificate was cancelled. The petitioner as well as the 3rd respondent belong to the Muslim religion. They had legally got married and Ext.P1 is the certificate of marriage issued to them under Section 11(1) of the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter referred to as `the Common Rules' for short). The case of the petitioner is that, as per Ext.P2, they have been divorced. Thereafter when the petitioner approached the 2nd respondent for cancellation of the marriage certificate, she was informed that an entry in the Marriage Register could be cancelled only if the same was erroneous. Since the petitioner's chances for a job as well as a second marriage would be affected, she seeks the issue of appropriate directions for cancellation of the marriage certificate.

2. A counter affidavit has been filed on behalf of the 1st respondent. According to the counter affidavit, it is stated that though the marriage between the petitioner and the 3rd respondent is stated to have been annulled by mutual application for divorce, such divorce cannot justify cancellation

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