Kerala High Court
Jospi Alex vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 12843 OF 2021
PETITIONER/S:
JOSPI ALEX
AGED 27 YEARS
D/O. ALEX SIMON, METHANATHU HOUSE, VALLICHIRA
P.O., PALA, LALAM VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN CODE-686574.
BY ADVS.
C.I.ABRAHAM
BINDU ABRAHAM
GEORGE KARITHANAM VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF REGISTRATION,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PINCODE-695001.
2 INSPECTOR GENERAL OF REGISTRATION,
GOVERNMENT OF KERALA, EX-MAYOR R.BALAKRISHNAN
NAIR ROAD, NEAR DISTRICT COURT, VANCHIYOOR
(P.O.), THIRUVANANTHAPURAM, KERALA, PINCODE-
695035.
3 THE MARRIAGE OFFICER,
OFFICE OF THE SUB REGISTRAR, ETTUMANOOR COURT
ROAD, ETTUMANOOR (P.O.), KOTTAYAM DISTRICT,
PINCODE-686631.
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12843 of 2021 2
P.B.SURESH KUMAR, J.
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W.P.(C) No.12843 of 2021
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Dated this the 6th day of July, 2021
JUDGMENT
Petitioner intends to marry one Jewel James in terms of
the provisions of the Special Marriage Act, 1954 (the Act). On
08.04.2021, the petitioner along with Jewel James served on the
third respondent, the Marriage Officer under the Act, a notice of
their intended marriage. It is stated by the petitioner that Jewel
James who is pursuing his studies at present in United Kingdom is
unable to come to India for solemnizing the marriage as he would
not be granted leave from the University on account of the travel
restrictions from and to India due to the pandemic, Covid - 19.
The petitioner, therefore, seeks directions to the third respondent
to permit her and Jewel James to solemnize their marriage and
register the same by allowing Jewel James to appear before the
third respondent virtually.
2. Heard the learned counsel for the petitioner as
also the learned Government Pleader.
3. As per the judgment in W.P.(C) No.1838 of 2019,
this court rejected an identical prayer made on similar facts,
holding that it will not be right and proper for this court to adopt
the process of video conferencing in the marriage of parties who
are not present before the Marriage Officer under the Act. In the
light of the said judgment, the petitioner is not entitled to the
relief sought in the writ petition and the writ petition is
accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 05.07.2021
APPENDIX OF WP(C) 12843/2021
PETITIONER ANNEXURE
Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE ONLINE
NOTICE GIVEN BY THE PETITIONER AND HER
BRIDEGROOM UNDER THE PROVISIONS OF THE
SPECIAL MARRIAGE ACT, 1954 (SECTION 5)
(NIL DATED).
Exhibit P2 THE TRUE PHOTOSTAT COPY OF THE ONLINE
ACKNOWLEDGEMENT FOR THE SOLEMNISATION OF
MARRIAGE (SECTION 5) WITH TRANSACTION ID
NO.P 18866314 RECEIVED FROM THE OFFICE
OF THE THIRD RESPONDENT (NIL DATED).
Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE
ACKNOWLEDGMENT CUM RECEIPT FOR THE
SPECIAL MARRIAGE (SECTION 5) DATED
8.4.2021.
Exhibit P4 THE TRUE PHOTOSTAT COPY OF THE BOARDING
PASS DATED 27.5.2021 ISSUED FROM
MALDIVES INTERNATIONAL AIRPORT TO THE
PETITIONER.
Exhibit P5 THE TRUE PHOTOSTAT COPY OF THE
CONFIRMATION OF ACCEPTANCE FOR STUDIES
DATED 24.10.2019 ISSUED TO MR. JEWEL
JAMES FROM UNIVERSITY OF BEDFORDSHIRE,
LUTON, UNITED KINGDOM.
Exhibit P6 THE TRUE PHOTOSTAT REPRESENTATION DATED
23.6.2021 FOR PERMITTING BRIDEGROOM,
VIZ. MR.JEWEL JAMES, TO JOIN WITH BRIDE
AND WITNESSES THROUGH VIRTUAL MEETING IN
THE SOLEMNIZATION OF MARRIAGE
PROCEEDINGS.
Exhibit P7 THE TRUE PHOTOSTAT COPY OF POSTAL
RECEIPT DATED 23.6.2021 SHOWING THE
SERVICE OF EXHIBIT P6.
