Prakash Scaria vs Thalavady Grama Panchayat
2021 Latest Caselaw 741 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                   WP(C).No.607 OF 2021


PETITIONERS:

     1     PRAKASH SCARIA, AGED 56 YEARS, S/O. CHERIYAN
           SCARIA, KOLLAMMURI ONPATHIL HOUSE, ANAPRAMPIL
           NORTH PO, THALAVADY, ALAPPUZHA 689 572

     2     SANTHAMMA JOHN, AGED 65, W/O. LATE VARGHESE
           JOHN, KALYAN THREE STAR APARTMENTS, KALYAN,
           MUMBAI 400 089

           BY ADVS.
           SRI.SADCHITH.P.KURUP
           SRI.C.P.ANIL RAJ

RESPONDENTS:

     1     THALAVADY GRAMA PANCHAYAT, PANCHAYAT OFFICE,
           THALAVADY ALAPPUZHA 689 572

     2     THE SECRETARY, THALAVADY GRAMA PANCHAYAT,
           PANCHAYAT OFFICE, THALAVADY, ALAPUZHA 689 572


           K J MANURAJ GP
           SRI. MANUVILSAN SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 08.01.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C).No.607 OF 2021

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                        JUDGMENT

Dated this the 8th day of January 2021

The petitioners are the nearest relatives of Smt. Saritha

Susan John and Sri. Binu Babu. Whose marriage was

solemnised in accordance with their personal law, as evident

from Ext.P1 - the Marriage Certificate issued by Mar Thoma

Syrian Church. They appears to have submitted an application

for registration of their marriage as evident from Ext.P2.

However, before completing the formalities, the newly married

couple left to abroad to join their employment.

2. Heard the learned counsel for the petitioners and the

learned counsel for the respondents.

3. As per the Kerala Registration of Marriages

(Common) Rules, 2008, the married couple have to appear

before the Marriage Registration Officer and affix their WP(C).No.607 OF 2021

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signature in the relevant column. This is not possible in this

case for the reason that both of them are in Abroad. The

petitioners placed reliance on Ext.P5 judgment and other similar

judgments of this Court.

4. Taking note of the judgment of this Court, it is

appropriate to allow the registration of their marriage through

video conferencing. Accordingly, the respondents are directed

to register the marriage through video conferencing. The

parties of the marriage will have to appear physically before the

respondents, within a period of ten months to put their signature

in the register. On being satisfied with the identity of the parties

through video conferencing the registration of the marriage

shall be accorded and necessary certificate shall be issued. All

the details shall be entered in the relevant register, except in the

column earmarked for signature or thump impression. The

parties to the marriage shall sign such relevant column within a WP(C).No.607 OF 2021

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period of ten months. On failure, the registration of the

marriage can be cancelled by the respondent.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.607 OF 2021

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APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 COPY OF THE MARRIAGE CERTIFICATE DATED 19.01.2008 ISSUED BY MAR THOMA SYRIAN CHRUCH.

EXHIBIT P2 COPY OF APPLICATION DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF AUTHORIZATION LETTER DATED NIL GIVEN TO THE FIRST PETITIONER.

EXHIBIT P4 COPY OF AUTHORIZATION LETTER DATED NILL GIVEN TO THE SECOND PETITIONER.

EXHIBIT P5 COPY OF JUDGMENT DATED 30.06.2020 PASSED IN WPC NO. 12762/2020