2015 Supreme(Online)(KER) 30692
HIGH COURT OF KERALA
ANURADHA CHAKRABORTHY – Appellant
Versus
INSPECTOR GENERAL – Respondent
WRIT PETITION (CIVIL) 37724/2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937
WP(C).No. 37724 of 2015 (M)
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PETITIONER(S) :
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ANURADHA CHAKRABORTHY,
D/O.RAJKUMAR, CHAKRABORTHY, ARUN VIHAR, 553,
SECTOR 28, NOIDA, NEW DELHI, PRESENTLY RESIDING AT 7B1,
CORDIAL REGENCY, VELLAYAMBALAM, TRIVANDRUM.
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENT(S) :
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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
TRIVANDRUM- 695 001.
2. INSPECTOR GENERAL,
OFFICE OF THE INSPECTOR GENERAL & REGISTRATION,
VANCHIYOOR P.O., THIRUVANANTHAPURAM- 695 035.
3. MARRIAGE OFFICER,
SUB REGISTRARS OFFICE, VELLAYAMBALAM,
SASTHAMANGALAM SRO, TRIVANDRUM- 695 010.
BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 37724 of 2015 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF CAPACITY TO MARRY
DATED 09.09.2015 ISSUED FROM THE OFFICE OF THE CONSULATE
GENERAL OF FRANCE IN PONDICHERRY.
EXHIBIT P2: TRUE COPY OF TRANSLATION OF EXHIBIT P1.
EXHIBIT P3: TRUE COPY OF THE VISA ENDORSEMENT DATED 06.05.2015
ISSUED BY THE BUREAU OF IMMIGRATION.
EXHIBIT P4: TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE
DATED 02.12.2015.
EXHIBIT P5: TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.33780/2015 OF
THIS HON'BLE COURT, DATED 09.09.2015.
RESPONDENT(S)' EXHIBITS :
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NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
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W.P(C)No.37724 of 2015
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Dated this the 14th day of December, 2015
JUDGMENT
Petitioner, a resident of Thiruvananthapuram and native of
Delhi intends to marry a French National.
2. The certificate issued by the Consulate General of
France in Pondicherry would indicate that the French National has
no incapacity to marry. This Court in several judgments held
that a Foreign National can marry an Indian citizen in accordance
with the Special Marriage Act.
3. In that view of the matter, acting upon Ext.P2, the
marriage of petitioner with the French National namely Fabrice
Jean Noel shall be registered in accordance with the Special
Marriage Act. Notice of marriage shall be treated as today.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
vdv/14/12/15