Kerala High Court
"For The Reasons Stated In The Writ ... vs Unknown on 19 February, 2021
Sathish Ninan, J.
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W.P.(C) No.4445 of 2021
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Dated this the 19th day of February, 2021
ORDER
Interim relief sought for in the writ petition
reads thus:
"For the reasons stated in the writ petition
and accompanying affidavit it is humbly
submitted that this Hon'ble Court may be
pleased to direct the respondent to accept
the Exhibit P-5 application made by the
petitioner and the power of attorney of her
husband and to complete the registration
process through the petitioner by
acknowledging the presence of her husband
through video conferencing and to issue
Certificate of Marriage to the petitioner
pending disposal of the writ petition."
W.P(C) No.4445 of 2021
-: 2 :-
2. As evidenced by Ext P1, the marriage between
the petitioner and Joseph Moses was registered on
06.10.2018 under the Special Marriage Act, 1956 and
was thereafter solemnized in accordance with the
rituals of Pentecost denomination. The husband of the
petitioner is presently abroad. For registration of
the marriage under the Kerala Registration of the
Marriages (Common) Rules 2008, the presence of the
petitioner's husband is not practicable at present in
view of the Covid-19 Pandemic and the travel
restrictions related thereto. The petitioner has
applied for visa for joining her husband. She is
required to upload the marriage registration
certificate on or before 24.02.2021 and an interview
is scheduled on 03.03.2021 with the U.S Consulate, it
is submitted.
W.P(C) No.4445 of 2021
-: 3 :-
3. In Mathew T. K. v. Secretary and Registrar of
Marriages, Alappuzha and Another 2020 (4) KHC 456,
this Court has in a similar circumstance directed
registration of marriage on conditions. There is no
reason not to follow the said precedent.
4. In the circumstances, it is ordered as
follows:-
(i) An authorized representative of the husband
of the petitioner, preferably one among his
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
W.P(C) No.4445 of 2021
-: 4 :-
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.
(iv) The petitioner shall produce a certified
copy of the judgment before the third respondent
for necessary information and further action. She
W.P(C) No.4445 of 2021
-: 5 :-
shall also make necessary arrangements for the
video conferencing.
(v) The necessary fee/fine payable consequent to
the delay in registration shall also be paid by
the petitioner.
Sd/- Sathish Ninan, Judge
vdv
