Vinitha B vs The District Marriage Registrar ...
2021 Latest Caselaw 5431 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.2792 OF 2021(Y)



PETITIONER:

               VINITHA B
               AGED 26 YEARS
               W/O ANTOSHEEN R,
               SUMA VILASAM, KARIKKUZHI,
               PADAPPAKKARA, KOLLAM,
               KERALA-691503.

               BY ADVS.
               SHRI.SHERRY J. THOMAS
               SRI.ARUN ALEX
               SRI.JOEMON ANTONY

RESPONDENTS:

      1        THE DISTRICT MARRIAGE REGISTRAR GENERAL AND
               PANCHAYATH DEPUTY DIRECTOR
               T D NAGAR, VIDYA NAGAR,
               KOLLAM, KERALA-691013.

      2        THE PERAYAM GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY,
               MULAVANA P O,
               KOLLAM, PIN-691503.

      3        THE SECRETARY/LOCAL REGISTRAR OF
               MARRIAGES(COMMON),
               THE REGISTRAR OF BIRTHS AND DEATHS, PERAYAM GRAMA
               PANCHAYATH, MULAVANA P O, KOLLAM, PIN-691503.


               R2-R3 BY ADV.SRI.SASITH PANICKER (STANDING
                                                 COUNSEL)
               R1 BY   ADV. SRI.RAVI KRISHNAN
                        (GOVERNMENT PLEADER)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                W. P. (C) No.2792 of 2021
          ==================
         Dated this the 15th day of February, 2021

                            JUDGMENT

The petitioner seeks for a direction to the

Registrar of Births and Deaths, Perayam Grama Panchayath, Mulavana P. O., Kollam, to complete the

registration formalities for registration of

petitioner's marriage, by securing the presence of

the husband through video conferencing or through

an authorised representative without insisting for

the personal appearance of the respondent and to

issue a Marriage Certificate under the rules.

2. The marriage of the petitioner with

Antosheen R. was conducted on 31.12.2012 at

Carmalgiri Church, Karikkuzhi. However, the

marriage was not registered as per the provisions

of Kerala Registration of the Marriages (Common)

Rules 2008. The petitioner's husband is employed

abroad. The petitioner intends to join him. The

details of the marriage are to be provided in the

passport as well as visa papers. Therefore, the W. P. (C) No.2792 of 2021

petitioner needs to get her marriage with Antosheen

registered. Application has been submitted in the

said behalf before the Registrar. Since

petitioner's husband Antosheen is abroad, in the

wake of the Covid-19 Pandemic his physical presence

is not possible immediately. It is accordingly that

the writ petition is filed seeking the relief

mentioned first above.

3. The Panchayat has conducted an enquiry with

regard to the marriage of the petitioner with

Sri.Antosheen and has reported the statements of

the petitioner to be true and correct. In Mathew T.

K. v. Secretary and Registrar of Marriages, Alappuzha and Another 2020

(4) KHC 456, this Court has in a similar matter

directed registration of marriage on conditions.

There is no reason not to follow the said

precedent.

In the circumstances, the writ petition is

disposed of with the following directions:-

(i) An authorized representative of the husband

of the petitioner, preferably one among his W. P. (C) No.2792 of 2021

parents, shall file an affidavit before the third

respondent stating that he/she has been duly

authorised by the husband of the petitioner to sign

in the marriage register on behalf of the husband

of the petitioner.

(ii) If an affidavit as directed is filed

before the third respondent, he shall act upon

Ext.P2 memorandum and complete the formalities for

registration of the marriage of the petitioner

after securing the presence of her husband 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 third 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 third

respondent will be at liberty to revoke the

registration of their marriage. W. P. (C) No.2792 of 2021

(iv) The petitioner shall produce a certified

copy of the judgment before the third respondent

for necessary information and further action. She

shall also make necessary arrangements for the

video conferencing.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.2792 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE AGE PROOF OF THE PETITIONER-SECONDARY SCHOOL LEAVING CERTIFICATE D NO. 557005 ISSUED BY THE GENERAL EDUCATION DEPARTMENT.

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 29/12/2020 BEFORE THE RESPONDENT GRAMA PANCHAYATH FOR REGISTRATION OF MARRIAGE.

EXHIBIT P3 THE TRUE COPY OF THE LETTER FROM THE 3RD RESPONDENT DATED 5/1/2021.

EXHIBIT P3(A) THE TRUE COPY OF THE REPORT DATED 5/1/2021.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC NO.

27387/2020 DATED 21.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE GOVERNMENT ORDER NO.

1413/2020 DATED 28/7/2020 ISSUED FROM THE OFFICE OF THE LOCAL SELF GOVERNMENT.

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