Riswan Mammikutty vs Local Registrar Of Marriage ...
2021 Latest Caselaw 780 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.545 OF 2021


PETITIONERS:

     1     RISWAN MAMMIKUTTY, AGED 27 YEARS, S/O
           MAMMIKUTTY.K.B, KIZHUKKAVIL HOUSE,
           44C MYTHRINAGAR RESIDENCE,VAZHAPPILLY
           EAST,MANDOTHIPPADI,MUVATTUPUZHA.P.O,PIN-
           686673,VELLOORKUNNAM VILLAGE,MUVATTUPUZHA
           TALUK,ERNAKULAM,KERALA-PRESENTLY WORKING AT
           VITRUAL BRIDGE FOR TECHNOLOGY,BUILDING NO.69,A
           COMMERCIAL BUILDING,ZONE 26,STREET 220,RING
           ROAD,DOHA,BUILDOHA JADEED .P.O,BOX
           2140,DOHA,QATAR REPRESENTED BY ITS HIS WIFE
           AND POWER OF ATTORNEY 2ND PETITIONER,SULEKHA J
           BACKER.

     2     SULEKHA J BACKER, AGED 26 YEARS, D/O
           ABOOBACKER.V.H,VATTAKUDY HOUSE,
           PUTHUPPADY.P.O, MUVATTUPUZHA,KOTHAMANGALAM
           VILLAGE,
           KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT,KERALA-
           686 673.

           BY ADVS.
           SRI.JOHNSON ABRAHAM
           SRI.NELSON ABRAHAM

RESPONDENTS:

     1     LOCAL REGISTRAR OF MARRIAGE (COMMON),
           KOTHAMANGALAM MUNICIPALITY,
           KOTHAMANGALAM.P.O,PIN-686 691.

     2     THE SECRETARY, KOTHAMANGALAM MUNICIPALITY,
           KOTHAMANGALAM.P.O, PIN-686 691.
 WP(C).No.545 OF 2021

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      3      REGISTRAR GENERAL OF MARRIAGE(COMMON) AND
             DEPUTY DIRECTOR PANCHAYATS,
             ERNAKULAM,KAKKANADU.P.O,KOCHI-682 030.


             PEEYUS A KOTTAM SC K J MANURAG GP

     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.545 OF 2021

                                 ..3..




                        JUDGMENT

Dated this the 8th day of January 2021

The petitioners are husband and wife. They married in

accordance with their personal law. They approached the 1 st

respondent for registration of their marriage under the Kerala

Registration of Marriages (Common) Rules, 2008. Before

completing the formality, the 1st petitioner left to abroad. They

want to register the marriage.

2. The learned Standing Counsel for the respondent

admits that in the light of the directions in Ext.P4 judgment the

marriage can be registered.

3. If the 1st petitioner has gone abroad, the Marriage

Registration Officer can interact with the 1 st petitioner through

video conferencing and register the marriage. The 2nd petitioner

however has to be present before the marriage registering WP(C).No.545 OF 2021

..4..

officer. The relevant column also has to be singed by the 2nd

petitioner. In regard to the signature of the 1st petitioner, he

shall sign the same within a period ten months. On the above

condition the marriage shall be registered. However, it is made

clear that in the event the 1st petitioner fails to put his signature,

the registration so granted will be cancelled.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.545 OF 2021

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APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE IN FORM NO.1 AS PER RULE 9(1)ON 27.11.2020 SUBMITTED BEFORE THE 1ST RESPONDENT,LOCAL REGISTRAR

EXHIBIT P2 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY JUMA-A-

MASJID,MYLOOR,PALARIMANGALAM.P.O,DATED 12.12.2019.

EXHIBIT P3 THE TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER NO.1 IN FAVOUR OF THE 2ND PETITIONER DATED 28.12.2020 EXECUTED BY PETITIONER NO.1.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE HIGH COURT KERALA CITED IN 2018(1)KHC 280).