Kerala High Court
Karthika Salinkumar vs The Secretary on 12 January, 2021
W.P.(C)No.27662 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.27662 OF 2020(G)
PETITIONER/S:
KARTHIKA SALINKUMAR
AGED 31 YEARS
W/O. BIBIN SOMAN, RESIDING AT KALAPPURACKAL HOUSE,
ENADI P.O, K.S. MANGALAM, KOTTAYAM - 686608.
BY ADVS.
SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SRI.PAUL C THOMAS
SRI.M.B.SOORI
SHRI.BABU M.
SMT.ANCY THANKACHAN
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
RESPONDENT/S:
1 THE SECRETARY
CHEMPU GRAMA PANCHAYATH, BRAHMAMANGALAM P.O,
KOTTAYAM - 686605,
2 THE LOCAL REGISTRAR OF MARRIAGES(COMMON)
(THE REGISTRAR OF BIRTHS AND DEATHS), CHEMPU GRAMA
PANCHAYATH, BRAHMAMANGALAM P.O, KOTTAYAM - 686605,
3 REGISTRAR GENERAL OF MARRIAGES(COMMON),
(REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS),
CIVIL STATION, COLLECTORATE P.O,
PIN - 686002, KOTTAYAM.
4 CHIEF REGISTRAR GENERAL OF MARRIAGES(COMMON)
(DIRECTOR OF PANCHAYATS), PUBLIC OFFICE BUILDING,
MUSEUM P.O, PIN - 695033, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.M.MANOJKUMAR (CHELAKKADAN)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27662 of 2020
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W..P.(C)No.27662 of 2020
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JUDGMENT
The marriage of the petitioner with one Bibin Soman was
solemnized on 05.05.2019 in accordance with the customary rites. The
marriage of the petitioner was, however, not registered. The husband of
the petitioner is presently working in Thailand. In order to obtain
dependent visa for the petitioner to join her husband in Thailand, the
petitioner needs to get her marriage registered. The petitioner
accordingly preferred Ext.P2 memorandum for registration of marriage
in the prescribed form before the second respondent in terms of the
Kerala Registration of Marriages (Common) Rules, 2008 (the Rules). It is
alleged that the second respondent is insisting physical presence of the
husband of the petitioner for the purpose of registering the marriage
and issuing the marriage certificate. The husband of the petitioner is
unable to come to India now due to COVID-19 restrictions. The
petitioner, therefore, seeks appropriate directions to the second
respondent to complete the formalities concerning the registration of the
marriage of the petitioner by securing the presence of her husband
through video conferencing, and issue marriage certificate without
insisting the physical presence and signature of her husband.
W.P.(C)No.27662 of 2020
2. Heard the learned counsel for the petitioner as also the
learned Standing Counsel for the second respondent.
3. It is seen that an identical matter has been disposed of by
this court in terms of the judgment in Mathew T.K. v. Secretary and
Registrar of Marriages, Alappuzha and Another, 2020(4) KHC 456.
4. In the circumstances, this writ petition is also disposed of
in tune with the said decision, with the following directions:-
(i) An authorized representative of the husband of the
petitioner, preferably one among his parents, shall file an
affidavit before the second 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 second
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 authorized representative of her husband.
(iii) The husband of the petitioner shall appear before the
second respondent and sign in the marriage register within
one year from the date of registration. In case the husband
W.P.(C)No.27662 of 2020
of the petitioner does not comply with the said direction, the
second respondent will be at liberty to revoke the
registration of their marriage.
(iv) The petitioner shall produce certified copy of the
judgment before the second respondent for necessary
information and further action. She shall also make
necessary arrangements for the video conferencing.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C)No.27662 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DECLARATION OF
SOLEMNIZATION OF MARRIAGE ISSUED BY THE
SECRETARY, SNDP YOGAM BRANCH NO.388
DATED 05.10.2020.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM FOR
REGISTRATION OF MARRIAGE DATED
15.10.2020.
EXHIBIT P3 TRUE COPY OF THE DECLARATION ISSUED BY
MEMBER OF LOCAL SELF GOVERNMENT
INSTITUTIONS, EANADI DATED 27.10.2020.
EXHIBIT P4 TRUE COPY OF THE PASSPORT OF THE WRIT
PETITIONER'S HUSBAND BEARING NO.L3422378
ISSUED ON 03.05.2016 AT BANGTOK.
EXHIBIT P5 TRUE COPY OF THE PASSPORT OF THE WRIT
PETITIONER BEARING NO. U6771343 ISSUED
ON 29.09.2020 BY THE REGIONAL PASSPORT
OFFICE, COCHIN.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE WRIT PETITIONER BEFORE
THE 1ST RESPONDENT SEEKING REGISTRATION
OF MARRIAGE DATED 27.10.2020
EXHIBIT P7 TRUE COPY OF THE CASH RECEIPT ISSUED BY
THE 1ST RESPONDENT DATED 27.10.2020.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA, DATED
29.11.2017 IN WPC NO.37100 OF 2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF KERALA IN WPC
NO. 6730 OF 2018 DATED 2.03.2018.
