Afsana Parveen vs Local Registrar Of Marriages ...
2021 Latest Caselaw 17310 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                       WP(C) NO. 15225 OF 2021
PETITIONERS:

    1     AFSANA PARVEEN,
          AGED 25 YEARS,
          W/O. MOHAMED RAFI A.K. & D/O. MOHAMED NIZAR C.A.,
          CHITTETH PARAMBIL, THOUFEEK MANZIL, AYSHA ROAD,
          ANCHUMURI, VYTTILA P.O., ERNAKULAM-682019.
    2     ZEENATH,
          AGED 49 YEARS, W/O. ABDUL GAFOOR, KALIYATH HOUSE,
          ORUMANAYUR, CHAVAKKAD, THRISSUR DISTRICT-680512.
          BY ADVS.
          K.A.MOHAMED HARIS
          P.T.ABHILASH
          K.A.MUMTAZ
          K.M.SALIM
          ABDUL JASHID.P


RESPONDENTS:

    1     LOCAL REGISTRAR OF MARRIAGES (COMMON),
          KALAMASSERY MUNICIPALITY (THE REGISTRAR OF BIRTHS AND
          DEATHS), CHANGAMPUZHA NAGAR, KALAMASSERY,
          ERNAKULAM-682033.
    2     KALAMASSERY MUNICIPALITY,
          CHANGAMPUZHA NAGAR, KALAMASSERY, ERNAKULAM-682033,
          REPRESENTED BY ITS SECRETARY.
    3     CHIEF REGISTRAR OF MARRIAGES (COMMON),
          (DIRECTOR OF PANCHAYATHS) PUBLIC OFFICE BUILDING,
          MUSEUM P.O., THIRUVANANTHAPURAM-695033.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W. P. (C) No.15225 of 2021         2




              MURALI PURUSHOTHAMAN, J.
           --------------------------------
           Writ Petition (Civil) No.15225 of 2021
           --------------------------------
            Dated this the 17th day of August, 2021


                             JUDGMENT

The marriage between the 1st petitioner and

Sri.Mohamed Rafi, the son of the 2 nd petitioner, took

place on 07.02.2021. The husband of the 1 st petitioner

is working in Doha and had to go back to Doha

immediately after the marriage and therefore the

parties could not appear before the 1 st respondent for

registration of the marriage with the Municipality under

the provisions of the Kerala Registration of Marriages

(Common) Rules, 2008. Accordingly the 1 st petitioner

has approached the 1st respondent to register the

marriage by appearing through video conferencing.

Ext.P5 is the application submitted for registration of

marriage under the said Rules. The application is

submitted on 09.07.2021 and the petitioners are

aggrieved by the delay in registration of the marriage,

as per the Rules.

2. Heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing

for the Municipality.

3. The learned Standing Counsel for the

Municipality submits that Ext.P5 application is

defective since the parties have not signed the

application. The learned counsel appearing for the

petitioners submits that they are ready to cure the

defects pointed out by the respondents.

4. In the said circumstances, the writ petition is

disposed of with a direction to the 1 st petitioner to

appear before the 1st respondent along with

Sri.Mohamed Rafi through video conferencing for the

purpose of registration of marriage of the 1 st petitioner

with Sri.Mohamed Rafi. The 1st respondent shall,

thereafter, issue a certificate evidencing the marriage

under the Kerala Registration of Marriages (Common)

Rules, 2008, within a period of 10 days from the date

of appearance of the parties before the 1 st respondent

through video conferencing.

The petitioners shall produce a copy of this

judgment before the 1st respondent for compliance and

the 1st respondent shall initiate necessary steps in that

regard.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE Skk//17082021

APPENDIX OF WP(C) 15225/2021

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE PALARIVATTOM PONNURUNNI ILFATHUL ISLAM SANGAM (PONNURUNNI JAMAATH).

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MARRIATE ISSUED BY THE NJALAKAM JUMA-AT COMMITTEE, KALAMASSERY.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VIOLET ALUMINIUM AND UPVC LOCATED IN DOHA, QUATAR.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE HUSBAND OF THE 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE SUBMITTED ONLINE BEFORE THE 1ST RESPONDENT FOR MARRIAGE REGISTRATION. EXHIBIT P6 TRUE COPY OF THE DECLARATION FROM GAZETTED OFFICER SUBMITTED BEFORE 1ST RESPONDENT ALONG WITH EXT P5.

RESPONDENTS' EXHIBITS:              NIL