Kerala High Court
Amrutha T Anil vs The State Of Kerala on 15 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:52246
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 25580 OF 2025
PETITIONERS:
1 AMRUTHA T ANIL
AGED 27 YEARS
D/O ANILKUMAR T.G, THEVAR VEEDU,
VALLITODE, VILAMANA,
KANNUR, PIN - 670706
2 MUHAMMED ASLAM
AGED 29 YEARS
S/O SIDHIK AKBAR, CHEMMANACHALIL HOUSE,
HOUSE NO. 541, WARD NO. 14,
NEAR UC COLLEGE, MARIYAPADI,
ERNAKULAM, PIN - 683102
BY ADVS.
SRI.NEERAJ NARAYAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SMT.SREELAKSHMI J PILLAI
SMT.A.S.SALMA
SRI.SUHAIL MARIKAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REGISTRATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) No.25580 of 2025
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2 THE SPECIAL MARRIAGE OFFICER
SUB REGISTRAR OFFICE, CHENGAMMANADU,
DESOM , ALUVA ,
ERNAKULAM, PIN - 683102
3 THE SPECIAL MARRIAGE OFFICER
SUB REGISTRAR OFFICE,
IRATTY, KANNUR, PIN - 670703
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.25580 of 2025
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JUDGMENT
Dated this the 15th day of July, 2025 The petitioners are B.Sc Nursing Graduates. They had completed their graduation from Yenapoya Medical College, Mangalore in the year 2019. After completing their graduation both of them worked as Nurses in the Aster Medcity, Ernakulam and thereafter the 1st petitioner got employment in London as a Nurse and the 2 nd petitioner is continuing in Aster Medcity.
2. On 16.05.2025, the petitioners filed Ext.P1 application under Section 5 of the Special Marriage Act, 1954 before the 2nd respondent. As per Ext.P1, the date of solemnization is fixed as 10.07.2025. While filing Ext.P1 application, the 1st petitioner's Sub Registrar Office has mistakenly mentioned as Ulikkal Sub Registrar Office instead of Iratty Sub Registrar Office. When the petitioners came to 2025:KER:52246 WP(C) No.25580 of 2025 4 know about the same, the petitioners had corrected the mistake and intimation was given to the said office. Pointing out the aforesaid reason, the 2nd respondent is not allowing the petitioners to solemnise the marriage.
3. In the meanwhile, the 1st petitioner got leave for 10 days and she came to India on 07.07.2025 and took return ticket for 16.07.2025 The petitioners had compiled all the statutory mandates stipulated by the Special Marriage Act , but the 2nd respondent, pointing a technical reason, is denyied the solemnization of Marriage, which is illegal and arbitrary, contend the petitioners.
4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
5. Government Pleader submits that due to wrong mentioning of Sub Registrar Officer as Ulikkal instead of Iratty, corrections had to be made and publication in the Sub 2025:KER:52246 WP(C) No.25580 of 2025 5 Registrar Office, Iratty could be made only on 24.06.2025. Therefore, the marriage can be solemnized only after 30 days therefrom, i.e. on or after 24.07.2025. In view of the law laid down by this Court and the Apex Court in a number of decisions, no relaxation can be granted in the matter of 30 days period.
6. The facts in this case would indicate that the petitioners had submitted application on 16.05.2025 itself as per Ext.P1. The petitioners indicated 10.07.2025 as convenient date for marriage. Unfortunately, jurisdictional Sub Registrar Office in respect of the 1st petitioner was shown as Ulikkal Sub Registrar Office, whereas the actual territorial jurisdiction vested with Iratty Sub Registrar Office. The said mistake was corrected on 23.06.2025 and intimation was sent to the Iratty, Sub Registrar Office on 24.06.2025, on which date itself publication has been made. Now, the marriage can be solemnized only on 24.07.2025.
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7. The issue faced by the petitioners is that the 1 st petitioner has to leave India on 16.07.2025 to go to UK, where she is employed as a Nurse. In the circumstances, the petitioners request that orders may be issued to register the marriage tomorrow itself.
8. Going by the provisions of the Special Marriage Act, 1954 and the precedents laid down by this Court, such relaxation cannot be granted by this Court. However, this Court in exceptional circumstances has permitted the parties to solemnize the marriage online. I think such a facility can be granted to the petitioners also, in view of the peculiar facts of this case.
In the facts of the case, the writ petition is disposed of directing the 2nd respondent to solemnize the marriage of the petitioners on any date after 24.07.2025. The 1 st petitioner shall be permitted to appear for the solemnization online. The 2nd petitioner may appear in person before the 2 nd respondent.
2025:KER:52246 WP(C) No.25580 of 2025 7 The 1st petitioner shall give a Power of Attorney to a local friend in order to complete the procedure of solemnization of marriage on behalf of the 1st petitioner. The Marriage Certificate should be issued soon after solemnization of marriage.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:52246 WP(C) No.25580 of 2025 8 APPENDIX OF WP(C) 25580/2025 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 16.05.2025 ALONG WITH THE PAYMENT RECEIPT Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF PASS PORT AND TICKET