Kerala High Court
Ann Varsha Peter vs The Registrar Of Marriages ... on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 15770 OF 2021
PETITIONER:
ANN VARSHA PETER
AGED 28 YEARS
W/O.ELDHO THANKACHAN,
THOTTATHIL HOUSE, CHEEYAMBAM,
PULPALLY, WAYNAD,
PRESENTLY RESIDING AT VELLAKETTU HOUSE,
KOZHIPILLY POST,
ERNAKULAM DISTRICT.
BY ADV T.N.MANOJ
RESPONDENTS:
1 THE REGISTRAR OF MARRIAGES (COMMON)
PULPALLY GRAMA PANCHAYAT
PULPALLY POST,
WAYNAD DISTRICT,
PIN - 673 579.
2 PULPALLY GRAMA PANCHAYAT
PULLPALLY POST WAYNAD DISTRICT,
PIN - 673 579
REPRESENTED BY THE SECRETARY.
BY ADV.SRI.MANOJ RAMASWAMY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.15770 OF 2021 2
JUDGMENT
Dated this the 5th day of August 2021
The marriage between the petitioner and Eldho
Thankachan took place during the month of July 2019. The
marriage was registered under the provisions of the Special
Marriage Act, 1954. Since, Eldho Thankachan, the husband of the
petitioner has left for Canada the place where he is working, the
parties could not appear before the 1st respondent for registration of
the marriage with the Panchayath under the provisions of the
Registration of the Marriages Common Rules Kerala, 2008. In view
of Covid pandemic and the restrictions in traveling it is not
presently possible for the husband of the petitioner to come back to
India for the purpose of registration of marriage.
2. Accordingly the petitioner has approached this Court for
direction to enable the husband of the petitioner namely Eldho
Thankachan to appear before the 1st respondent through video
conferencing along with the petitioner for the purpose of enabling
the 1st respondent to register the marriage of the petitioner and
Eldho Thankachan and to issue a certificate evidencing the same
under the Registration of Marriages Common Rules, 2008.
3. Heard the learned counsel for the petitioner and the
learned Standing Council for the respondent Panchayath and
perused the decision reported in 2020(4) KLT 853.
4. In the said circumstances, the writ petition is disposed of
with direction allowing the husband of the petitioner Eldho
Thankachan, to appear before the first respondent through video
conferencing along with Ann Varsha Peter, the petitioner for the
purpose of enabling the 1st respondent to register the marriage of
the petitioner and Sri.Eldho Thankachan. The 1st respondent shall
thereafter issue a certificate evidencing the marriage under the
Registration of Marriages Common Rules, 2008. The certificate as
above shall be issued within ten days from today. The petitioner
shall produce a copy of the judgment before the respondents for
compliance and the 1st respondent shall initiate necessary steps.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SMF
Handover
APPENDIX OF WP(C) 15770/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED
1/7/2019 OF THE MARRIAGE OF THE PETITIONER
ISSUED BY THE MARRIAGE OFFICER PULPALLY.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER SHOWING THE
NAME OF HER HUSBAND AS ELDHO TANKACHAN.
EXHIBIT P3 TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 23/7/2021 OF THE MINISTRY OF
IMMIGRATION CITIZEN SHIP CANADA.
EXHIBIT P4 TRUE COPY OF THE APPLICATION, REGISTRATION
OF THE MARRIAGE OF THE PETITIONER WITH
ELDHO THANKACHAN SUBMITTED VIA E-MAIL
BEFORE THE PULPALLY GRAMA PANCHAYAT.
EXHIBIT P5 TRUE COPY OF THE
APPLICATION/REPRESENTATION FILED BY THE
PETITIONER DATED 2/8/2021, BEFORE THE 2ND
RESPONDENT FOR REGISTRATION OF THE
MARRIAGE OF THE PETITIONER WITH ELDHO
THANKACHAN.
EXHIBIT P6 TRUE COPY OF THE ORDER/LETTER DATED
2/8/2021 OF THE 1ST RESPONDENT, REFUSING
TO REGISTER THE MARRIAGE OF THE PETITIONER
FOR WANT OF THE SPOUSES BEING PERSONALLY
PRESENT.
//TRUE COPY//
PA TO JUDGE
