Kafeela Parvin V A vs Sreenarayanapuram Grama ...
2021 Latest Caselaw 4899 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021/21ST MAGHA,1942

                       W.P(C).No.1662 OF 2021(G)


PETITIONER:

               KAFEELA PARVIN V A
               AGED 27 YEARS, W/O DHARWISH SADHIQUE,
               VALIYAKATH HOUSE, PANANGAD P.O.THRISSUR-680 665.

               BY ADV. SMT.AMRIN FATHIMA

RESPONDENTS:

       1       SREENARAYANAPURAM GRAMA PANCHAYATH
               P.O. SHANTHIPURAM, THRISSUR-680 668,
               REPRESENTED THROUGH ITS SECRETARY

       2       THE SECRETARY,
               REGISTRAR OF MARRIAGES (COMMON),
               SREENARAYANAPURAM GRAMA PANCHAYATH,
               P.O.SHANTHIPUARAM, THRISSUR-680 668

               R1-2 BY ADV. SRI.K.A.NOUSHAD

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
 W.P.(C).No.1662/2021                     :: 5 ::




                             JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P4

order passed by the 2nd respondent refusing to permit registration

of the marriage of the petitioner with Dharwish Sadhique through

video conferencing facility. The facts in the writ petition would

indicate that the marriage of the petitioner with Dharwish Sadhique

was solemnised on 05.12.2020 as per the provisions of the Kerala

Registration of Marriage (Common) Rules, 2008 and, the petitioner

had preferred Ext.P4 application for registration of marriage before

the 2nd respondent. In the writ petition, it is the case of the

petitioner that when the request was made before the 2 nd

respondent for permitting registration of the marriage through

video conferencing with her husband, the said request was turned

down by the 2nd respondent by Ext.P4 order.

2. I have heard the learned counsel for the petitioner as

also the learned Standing counsel for the respondents.

W.P.(C).No.1662/2021 :: 5 ::

The petitioner relies on Ext.P5 judgment of this Court, which

was rendered in almost identical circumstances and where this

Court permitted the registration of the marriage by securing the

presence of the wife of the petitioner therein through video

conferencing. Taking cue from the said judgment, this Writ Petition

is disposed with the following directions:

i) An authorised representative of the husband of the petitioner, preferably one among his parents, shall file an affidavit before the 2nd respondent stating that he/she has been duly authorised by the husband of the petitioner to sign in the memorandum and also in the marriage register on behalf of the husband of the petitioner.

ii) If an affidavit as directed is filed before the 2 nd respondent, he shall act upon Ext.P2 memorandum and complete the formalities for registration of the marriage after securing the presence of the husband of the petitioner through video conferencing, and issue marriage certificate to the petitioner, after obtaining signatures of the petitioner and the authorised representative of her husband.

iii) The husband of the petitioner shall appear before the 2 nd respondent and sign in the marriage register within one year from the date of registration. In case the husband of the petitioner does not comply with the said direction, the 2 nd respondent will be at liberty to revoke the registration of their marriage.

W.P.(C).No.1662/2021 :: 5 ::

iv) The petitioner shall produce certified copy of the judgment before the 2nd respondent for necessary information and further action. She shall also make necessary arrangements for the video conferencing.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/11/2/2021 W.P.(C).No.1662/2021 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 13.12.2020 ISSUED BY ALA-PANANGAD SAHIB JUMA MASJID JAMA-ATH MAHALLU COMMITTEE.

EXHIBIT P2 A TRUE COPY OF THE POWER OF ATTORNEY DATED 22.12.2020 EXECUTED BY MR. DHARWISH SADHIUE IN FAVOUR OF THIS FATHER

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 21.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 5.1.2021 OF THE 2ND RESPONDENT REJECTING THE APPLICATION OF THE PETITIONER

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN PARDEEP KODIVEEDU CLETUS VS LOCAL REGISTRAR OF MARRIAGES (COMMON), KOLLAM CORPORATION (2018)(1) KHC 280)

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE