Kerala High Court
Unnikrishnan N Menon vs The Chottanikkara Grama ... on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 11899 OF 2021
PETITIONER:
UNNIKRISHNAN N MENON,
AGED 70 YEARS
KRISHNA KRIPA, NEDUVELIL TAGORE NAGAR, KADAVANTHARA P.O.,
KADAVANTHARA, ERNAKULAM-682 020
BY ADVS.
P.PARAMESWARAN NAIR
ASWIN KUMAR M J
K.ARJUN VENUGOPAL
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 THE CHOTTANIKKARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, CHOTTANIKKARA P.O., ERNAKULAM-
682 312
2 THE SECRETARY
CHOTTANIKKARA GRAMA PANCHAYATH, CHOTTANIKKARA P.O.,
ERNAKULAM-682 312
3 THE LOCAL REGISTRAR OF MARRIAGES (COMMON)
(THE REGISTRAR OF BIRTHS AND DEATHS), CHOTTANIKKARA GRAMA
PANCHAYATH, CHOTTANIKKARA P.O., ERNAKULAM-682 312
BY ADVS.
S.SREEKUMAR (SR.)
P.MARTIN JOSE
R.GITHESH
THOMAS P.KURUVILLA
AJAY BEN JOSE
MANJUNATH MENON
HARIKRISHNAN S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.11899 of 2021
==================
Dated this the 2nd day of July, 2021
JUDGMENT
The writ petition is filed seeking the
following reliefs:-
"a) To issue a writ of mandamus or any other
appropriate writ order or direction directing the
respondents to register the marriage of
petitioner's daughter, Smt.Gayathri Unnikrishnan
and son-in-law, Mr.Arun S. Raj without insisting
for the personal appearance of Mr.Arun S. Raj
and his signature and issue marriage certificate
to the couple at the earliest.
b) To issue such other writ, direction or order as
deemed by this Hon'ble Court in the facts and
circumstances of the case."
2. The marriage of the petitioner's daughter-
Gayathri Unnikrishnan with Mr.Arun S. Raj was
solemnized on 26.06.2020 at the Chottanikkara
temple. On 02.07.2020, the couple jointly submitted
Ext.P3 application-memorandum for registration of
marriage, before the 3rd respondent. Thereafter, the
W. P. (C) No.11899 of 2021
husband - Arun S. Raj was urgently required to join
his place of employment at Kuwait and hence could
not get the proceedings for registration of
marriage completed. According to the petitioner, in
view of the present Covid-19 Pandemic Sri.Arun S.
Raj is unable to come down and get the marriage
registered. The petitioner's daughter-Gayathri
Unnikrishnan, got inflicted with Covid and hence
she could not personally file this writ petition. A
direction is sought to the third respondent to have
the marriage registered without insisting for
personal appearance of the husband-Arun S. Raj. It
is undertaken that, the daughter of the petitioner
- Gayathri Unnikrishnan shall be present in person
before the 3rd respondent.
3. This Court has on similar occasions granted
the relief in the nature as sought for by the
petitioner [see Mathew T.K. v. Secretary and
Registrar of Marriages, Alappuzha and Anr. (2020
(4) KHC 456 and Pradeep Kodiveedu Cleetus v. Local
Registrar of Marriages (Common), Kollam (2018) 1
KHC 280]. I do not find any reason why similar
W. P. (C) No.11899 of 2021
relief shall not be granted to the petitioner.
In the circumstances the writ petition is
disposed of with the following directions:-
(i) Either of the parents of Arun S. Raj-the
husband, shall file an affidavit before the
third respondent stating that he/she has
been duly authorised by Arun S. Raj to sign
in the marriage register on his behalf.
(ii) If an affidavit as directed is filed before
the third respondent, he shall act upon
Ext.P3 memorandum and complete the
formalities for registration of the
marriage of the petitioner's daughter-
Gayathri Unnikrishnan, after securing the
presence of Arun S. Raj-the husband through
video conferencing, and issue marriage
certificate to the petitioner, after
obtaining signatures of the petitioner's
daughter-Gayathri Unnikrishnan and the
parent of Arun S. Raj-the husband.
(iii) Arun S. Raj- the husband of the petitioner
shall appear before the third respondent
W. P. (C) No.11899 of 2021
and sign in the marriage register within
one year from the date of registration. In
case he does not comply with the said
direction, the third respondent will be at
liberty to revoke the registration of their
marriage.
(iv) The petitioner's daughter-Gayathri
Unnikrishnan, shall personally produce a
certified copy of this 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
W. P. (C) No.11899 of 2021
The name "Arun S. Raj" corrected as "Arun Srinagesh
Nair" in 5th and 6th lines of paragraph no.1(a), 2 nd, 7th,
11th and 18th lines of paragraph no.2, 1 st and 4th lines of
paragraph no.3(i), 7th and 12th lines of paragraph
no.3(ii) and 1st line of paragraph No.3(iii) of judgment
dated 02.07.2021 in WP(C) No.11899/2021 as per order
dated 15-07-2021 in IA 4/2021 in WP(C) 11899/2021.
Sd/-
Joint Registrar
APPENDIX OF WP(C) 11899/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE CHOTTANIKKARA TEMPLE RECEIPT
DATED 26.06.2020 IN THE NAME OF PETITIONER'S
DAUGHTER AND SON IN LAW
Exhibit P2 TRUE COPY OF THE DECLARATION OF THE
COUNCILLOR OF 55 DIVISION, GIRI NAGAR,
EVIDENCING THE SOLEMNIZATION OF MARRIAGE OF
PETITIONER'S DAUGHTER AND SON IN LAW
Exhibit P3 TRUE COPY OF THE APPLICATION FOR REGISTRATION
OF MARRIAGE MADE BEFORE THE 2ND RESPONDENT
DATED 02.07.2020, ALONG WITH THE REQUISITE
FORM
Exhibit P4 TRUE COPY OF THE REPRESENTATION/APPLICATION
DATED 25.05.2021, MADE BY SMT. GAYATHRI
UNNIKRISHNAN BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER DATED 02/06/2021
PASSED BY THE 1ST RESPONDENT.
-----
