Arun Tom vs Local Registrar Of Marriages ...
2021 Latest Caselaw 14525 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                             WP(C) NO. 13921 OF 2021
PETITIONER:

              ARUN TOM
              AGED 32 YEARS
              S/O P.J.THOMAS, PURAYIDATHIL HOUSE, ANTHINADU POST,
              PRAVITHANAM, PALA, PIN - 686651.

              BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL)



RESPONDENTS:

     1        LOCAL REGISTRAR OF MARRIAGES (COMMON)
              (THE REGISTRAR OF BIRTH & DEATHS), PALA MUNICIPALITY, PALA,
              KOTTAYAM DISTRICT, PIN-686575.

     2        PALA MUNICIPALITY, REP. BY ITS SECRETARY, PALA, KOTTAYAM
              DISTRICT, PIN - 686575.

              BY ADV. SUJITH MATHEW JOSE, SC, PALA MUNICIPALITY


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.13921 of 2021
          ==================
          Dated this the 13th day of July, 2021

                          JUDGMENT

The marriage of the petitioner with Lida Joseph

was solemnized on 11.02.2021 at St. Joseph's

Church, Kizhthadiyoor, Pala, as evidenced by Ext.P1

certificate issued from the church. The wife of the

petitioner-Lida Joseph, is employed abroad. Since

her presence was urgently required at her place of

employment, she had to leave immediately after the

marriage. The petitioner submitted an application

Ext.P3, before the first respondent on 16.04.2021,

seeking registration of the marriage under the

Kerala Registration of Marriages (Common) Rules,

2008. Securing the presence of the petitioner's

wife- Lida Joseph for registration of marriage is

impracticable in the wake of the present Covid

pandemic. The petitioner seeks for a direction for W. P. (C) No.13921 of 2021

registration of his marriage with Lida Joseph.

2. This Court has, on similar occasions,

subject to conditions, granted directions for

registration of marriage without personal

appearance of the spouse who is not available in

station. [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

relief shall not be granted to the petitioner.

In the circumstances the writ petition is

disposed of with the following directions:-

(i) An authorized representative of the wife of

the petitioner, preferably one among her

parents, shall file an affidavit before the

first respondent stating that he/she has

been duly authorised by Lida Joseph-the

wife of the petitioner, to sign in the W. P. (C) No.13921 of 2021

marriage register on her behalf.

(ii) If an affidavit, as directed, is filed

before the first respondent, he shall act

upon Ext.P1 memorandum and complete the

formalities for registration of the

marriage of the petitioner with Lida

Joseph, after securing the presence of Lida

Joseph through video conferencing, and

issue marriage certificate to the

petitioner, after obtaining signatures of

the petitioner and the authorised

representative of Lida Joseph.

(iii) Lida Joseph-the wife of the petitioner,

shall appear before the first respondent

and sign in the marriage register within

one year from the date of registration. In

case Lida Joseph-the wife of the petitioner

does not comply with the said direction,

the first respondent will be at liberty to W. P. (C) No.13921 of 2021

revoke the registration of their marriage.

(iv) The petitioner shall produce certified copy

of the judgment before the first respondent

for necessary information and further

action. Petitioner shall also make

necessary arrangements for the video

conferencing.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 13921 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 16.3.21 ISSUED BY THE VICAR, ST. JOSEPH'S CHURCH.

EXT.P2 TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER'S WIFE.

EXT.P3 TRUE COPY OF THE MEMORANDUM FOR MARRIAGE REGISTRATION DATED 15.04.21.

EXT.P4 TRUE COPY OF THE REGISTRATION FEE RECEIPT DATED 16.4.21 ISSUED TO THE PETITIONER.

EXT.P5 TRUE COPY OF THE JUDGMENT DATED 04.09.2020 IN WPC 17660/2020 OF THIS HONOURABLE COURT.

-----