Sanoov Nellacheri vs Sub Registrar
2021 Latest Caselaw 13746 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
     FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                      WP(C) NO. 12974 OF 2021
PETITIONERS:

    1      SANOOV NELLACHERI
           AGED 37 YEARS
           S/O. SAHADEVAN, NELLACHERI HOUSE, VADAKARA, IRIGAL
           P.O, KOZHIKODE.
    2      CIMY THOMAS,
           AGED 34 YEARS
           W/O. SANOOV NELLACHERI, VALIYAPADINJARETHIL HOUSE,
           KATTAPPANA P.O, VETTIKKUZHA KAVALA, IDUKKI DISTRICT.
           BY ADVS.
           LIJI.J.VADAKEDOM
           TOM E. JACOB
           RAJEEV JYOTHISH GEORGE
           REXY ELIZABETH THOMAS

RESPONDENT:

           SUB REGISTRAR-KATTAPPANA
           OFFICE OF THE SUB REGISTRAR-KATTAPPANA, BYPASS ROAD,
           PALLIKKAVALA, KATTAPPANA, KERALA, PIN-685 515


           BY ADV.
           SMT.VINITHA, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12974 of 2021                    2




                          W.P.(C) No.12974 of 2021
               --------------------------------------------------------


                                JUDGMENT

Petitioners are persons employed in Oman. They

have decided to marry, and issued notice of the intended

marriage to the respondent in terms of the provisions of the

Special Marriage Act, 1954 (the Act). It is alleged by the

petitioners that the Marriage Officer is not acting upon the

notice given by the petitioners and registering the marriage

after completing the formalities on the strength of the notice

issued by them. It is stated by the petitioners that they have

scheduled their travel back to Oman on 9.7.2021, and if the

formalities relating to the marriage are not completed before

9.7.2021 and marriage certificate is not issued to them,

irreparable injuries would be caused to them. The petitioners,

therefore, seek appropriate directions in this regard in this writ

petition.

2. The learned Government Pleader, on

instructions, submitted that notice of the intended marriage

was received by the respondent only on 8.6.2021 and

therefore, the formalities of the marriage cannot be completed

before 8.7.2021.

3. On a specific query from the Court, the learned

Government Pleader submitted that there are no other

impediments in completing the formalities concerning the

marriage and issuing the marriage certificate.

Having regard to the facts and circumstances of the

case, especially the requirement of the petitioners to return to

their place of employment on 9.7.2021, I deem it appropriate

to dispose of the writ petition directing the respondent to

complete the formalities concerning the marriage of the

petitioners on 8.7.2021 itself in terms of the provisions of the

Act and issue marriage certificate to the petitioners on the

same day itself. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE

YKB

APPENDIX OF WP(C) 12974/2021

PETITIONERS' ANNEXURES Exhibit P1 THE COPY OF THE CERTIFICATE DATED 30.08.2017 ISSUED BY THE GENERAL MANAGER OF THEERTHA INTERNATIONAL AUDITORIUM.

Exhibit P1(A) THE COPY OF THE PHOTOGRAPH SHOWING THE MARRIAGE CEREMONY OF 'THALIKETTU' IN BETWEEN THE PETITIONERS.

Exhibit P1(B) THE COPY OF THE WEDDING INVITATION ISSUED BY THE PARENTS OF THE 1ST PETITIONER WITH RESPECT TO THE MARRIAGE OF THE PETITIONERS ON 30.07.2017.

Exhibit P1(C) THE COPY OF THE PHOTOGRAPHS SHOWING THE MARRIED COUPLE ALONG WITH THE PARENTS OF THE 2ND PETITIONER.

Exhibit P2 THE COPY OF THE APPLICATION FOR REGISTRATION OF MARRIAGE DATED 29.5.2021 SUBMITTED BEFORE THE RESPONDENT.

Exhibit P3 THE COPY OF THE PAYMENT RECEIPT SHOWING THE DATE OF PAYMENT OF THE FEE FOR REGISTRATION OF MARRIAGE AT THE OFFICE OF THE RESPONDENT.

Exhibit P3(A) THE COPY OF THE ONLINE RECORD SHOWING THE ATTEMPTS FOR PAYMENT MADE BY THE PETITIONERS FROM 1.6.2021 TILL 5.6.2021.