Abbas Pananthara vs Deputy Director Of Panchayath, ...
2021 Latest Caselaw 14684 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         WP(C) NO. 33516 OF 2016
PETITIONER/S:

         1.   ABBAS PANANTHARA
              AGED 46 YEARS, S/O SAIDALAVI, PANANTHARA HOUSE,
              PUZHAMUDI P.O., VIA KALPETTA, WAYANAD - 673121

      2.      RASIYA THONIKKARA, AGED 36 YEARS, D/O MUHAMMEDKUTTY
              THONIKKARA COTTANAD P.O., MEPPADI, WAYANAD - 673557

              BY ADVS.
              SRI.C.KHALID
              SMT.K.S.HASEENA
              SRI.N.A.JOSEPH
              SRI.K.P.MOHAMED SHAFI
              SMT.K.K.NESNA
              SMT.K.REEHA KHADER
              SRI.T.P.SAJID



RESPONDENT/S:

    1.        DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE, KALPETTA-
              673577

              SECRETARY, MEPPADI GRAMA PANCHAYATH, COLLECTORATE,
    2.        KALPETTA-673577

    3.        CHIEF REGISTRAR, THIRUVANANTHAPURAM - 6950001

              BY ADV.
              SRI.MANOJ RAMASWAMY

              R1 AND 3 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT
              PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33516 OF 2016                   2

                                    JUDGMENT

This writ petition is filed by the petitioners seeking the following reliefs:-

"i. issue a Writ of Mandamus or other appropriate writ order or direction commanding respondent No.1 to dispose of the appeal and direct respondent No.2 to have the marriage of the petitioners registered according to law.

ii. to issue an interim order to respondent No.1 and 2 directing them to expedite the hearing of the case long pending before them and pass appropriate order.

iii. To grant such other reliefs as may be deemed just and proper."

2. Petitioners are husband and wife, belonging to the Muslim

community. Admittedly, the 2nd petitioner is the 2nd wife of the 1st petitioner.

The issue relates to the rejection of application for registration of the

marriage by the Marriage Registration Officer. Aggrieved by the same,

petitioners have preferred an appeal before the Deputy Director of

Panchayath, Kalpetta. On 15.09.2015, an intimation was issued, evident from

Ext.P6, that since a doubt is existing with respect to the registration of the

marriage, a clarification is sought from the higher authorities. It is in this

background, seeking direction to the Deputy Director of Panchayath to

finalize the appeal proceedings, this writ petition is filed.

3. The Deputy Director of Panchayath, Kalpetta, has filed a counter

affidavit, traversing through the contentions raised in the writ petition.

Paragraphs 5 and 6 are relevant to the context, which reads thus:

"5. It is submitted that the case in hand had paused a legal question regarding the validity of registration of the second marriage during the subsistence of the first marriage under the 2008 Rules and therefore the registering authority referred the matter to this respondent. Accordingly this respondent submitted the application for clarification from the 3 rd respondent who is the Registrar General. The 3rd respondent in Letter No.B1-32507/2015 dated 4.11.2016 had clarified that since Polygamy is permissble in the case of a Muslim Bridegroom, there is no impediment in a Muslim Bridegroom contracting a second marriage during the subsistence of the first marriage and that there is no bar in registering the 2 nd marriage of the 1st petitioner under the Kerala Marriage Registration Rules, 2008.

6. It is submitted that in terms of the clarifications received from the 3rd respondent, this respondent had already directed the 2nd respondent in Letter dated 24.11.2016 to register the marriage of the petitioners under the 2008 Rules. In the light of the above facts nothing survives in the Writ Petition and therefore it is prayed that this Hon'ble Court may be pleased to record the fact that there is no impediment in registering the marriage of the petitioners. Recording the undertaking that the marriage of the petitioners will be registered under the 2008 Rules, the Writ Petition may be closed."

4. Learned Counsel for the petitioners submitted that, petitioners would

be satisfied if the writ petition is disposed of, taking note of the directions

contained in paragraph No.6 of the counter affidavit.

Therefore, after having heard learned Counsel for the petitioners and

learned Senior Government Pleader Sri. Surin George Ipe, this writ petition is

disposed of, recording that already directions are issued to the marriage

officer, i.e., the Secretary, Meppadi Grama Panchayath to register the

marriage of the petitioners under the Marriage Registration Rules, 2008.

Sd/-

SHAJI P.CHALY JUDGE

uu 14.07.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY KOLLANAD JUMA MASJID 03/08/2015

EXHIBIT P2 THE COPY OF THE PASSPORT NO.N0315236 ISSUED FROM KOZHIKODE DATED 03/07/2015

EXHIBIT P3 THE COPY OF THE BIRTH CERTIFICATE OF ADILA FATHIMA.P ISSUED BY MUPPAINAD GRAMAPANCHAYATH ON 14/07/2016

EXHIBIT P4 THE COPY OF THE PHOTOGRAPH

EXHIBIT P5 THE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE DATED 08/08/2015

EXHIBIT P6 THE COPY OF THE COMMUNICATIONS NO.A5-

4957/2015 DATED 15/09/2015 FORWARDED BY DEPUTY DIRECTOR TO THE CHIEF REGISTRAR