WP(C) NO. 26050 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 26050 OF 2021
PETITIONER/S:
1 SHAMNAD SHAJAHAN,
AGED 30 YEARS
S/O.SHAJAHAN, RESIDING AT CHANGAVILA VEEDU,
THAZHAMEL, ANCHAL, KOLLAM-691 306.
2 NAZEERA.B.,
AGED 22 YEARS
W/O.SAMNAD SHAJAHAN, RESIDING AT NOUSHAD MANZIL,
MANGADU P.O., KOLLAM-691 015.
BY ADVS.
S.SREEKUMAR (KOLLAM)
K.VIJAYAN
PRIYA SHANAVAS
RESPONDENT/S:
1 THE SECRETARY, KOLLAM CORPORATION,
CORPORATION BUILDINGS, KOLLAM-691 001.
2 THE REGISTRAR OF BIRTHS & DEATHS,
KOLLAM CORPORATION, CORPORATION BUILDINGS, KOLLAM-
691 001.
BY ADV SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26050 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 26050 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "I. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider to Ext P5 and P6 applications and to register the marriage of the petitioners within a time frame to be fixed by this Hon'ble Court. II. To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case." [SIC]
2. The grievance of the petitioners is that the marriage which was solemnized between the petitioners is not registered by the respondent-Corporation, even though Exts.P5 and P6 applications were submitted through online.
3. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. WP(C) NO. 26050 OF 2021 3
4. The learned counsel for the petitioners reiterated his contentions in this writ petition. On the other hand, the learned counsel appearing for the respondents takes me through paragraph Nos. 2 and 3 of the statement filed by the respondents. It is stated that certain documents are necessary which are mentioned in paragraph No.3 of the statement and the same is extracted hereunder :
"3. The petitioners are required to submit any of the following documents applicable to Shariat law:-
a) Jamaat documents to substantiate that talaq has been pronounced by the husband;
b) Document to show divorce by mutual consent between the parties or its copy;
c) Order of divorce pronounced by the Court."
5. It is also stated that form No.II attested by the authorized officer also should be produced. It is an admitted fact that, both the petitioners are divorced. The counsel for the petitioners on the other hand submitted that he is ready to produce all these documents. He submitted that Ext.P4 is the form No.II application, which is attested by the local MLA. The WP(C) NO. 26050 OF 2021 4 petitioners are ready to produce the remaining documents mentioned in paragraph No.3 of the statement. In such circumstances, nothing remains in this case. There can be a direction to the respondents to consider the applications, once the documents are received.
Therefore, this writ petition is disposed of with the following directions :
1) The petitioners are free to produce the documents mentioned in paragraph 3 of the statement dated 5.1.2022 of the 1st and 2nd respondents along with the original of Ext.P4 before the respondents within two weeks from the date of receipt of a copy of this judgment.
2) Once those documents are received, the respondents will consider Exts.P5 and P6 applications and pass appropriate orders to register the marriage between the parties, as expeditiously as possible, at any rate, within two weeks from the date on which the documents are produced.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 26050 OF 2021 5 APPENDIX OF WP(C) 26050/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER IN OP(MMA) NO.1253/2019 DATED 19.11.2019 OF THE FAMILY COURT, KOTTARAKARA.
Exhibit P2 THE TRUE COPY OF THE OP(OTH) NO.1246/2019 DATED 27.01.2021 OF THE FAMILY COURT, KOLLAM.
Exhibit P3 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE ZIYARATHUMOODU MUSLIM JAMA ATH DATED 26.02.2021.
Exhibit P4 THE TRUE COPY OF THE DECLARATION DATED 24.09.2021 ISSUED BY THE KOLLAM MLA. Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 21.09.2021 FILED BY THE PETITIONERS UNDER FROM I BEFORE THE 2ND RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 28.09.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.