Frederic Renet vs State Of Kerala
2021 Latest Caselaw 12871 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE GOPINATH P.
            FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                              WP(C) NO. 11832 OF 2021


PETITIONERS:

       1          FREDERIC RENET
                  AGED 26 YEARS, S/O. RENET JOHN,
                  PYNADATH (H), KARUKUTTY P.O, ANGAMALY,
                  ERNAKULAM 683572
       2          ANU THOMAS,
                  AGED 24 YEARS, D/O. THOMAS K.A,
                  KUDIYIRIPPIL (H), MATTOOR ,
                  KALADY, ERNAKULAM 683574

                  BY ADV P.JINISH PAUL



RESPONDENTS:

       1          STATE OF KERALA
                  REPRESENTED BY ITS SECRETARY TO THE REGISTRATION
                  DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001.
       2          THE SUB REGISTRAR,
                  OFFICE OF SUB REGISTRAR,
                  ANGAMALY, ERNAKULAM, PIN 683572

                  SMT. VIDHYA A.C., GOVT. PLEADER.
THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.11832/2021                    -2-

                                 JUDGMENT

DATED THIS THE 11th DAY OF JUNE, 2021

The petitioners have approached this court with a grievance that they are

not being permitted to register their marriage under the Cochin Christian Civil

Marriage Act, 1920. The learned Government Pleader on instructions submits

that the 2nd respondent could not permit registration of the marriage under the

provisions of the aforesaid Act since the petitioners were not residents of

erstwhile Cochin State. It is submitted that the aforesaid Act applies only to the

residents of erstwhile Cochin State.

2. Today the learned counsel for the petitioner has placed on record

Ext.P11 certificate issued by the Village Officer, Karukutty which shows that the

1st petitioner is a resident of the erstwhile Cochin State. It is not disputed that if

one of the parties to the marriage reside within the territorial limits of erstwhile

Cochin State, the marriage can be registered under the provisions of the

aforesaid Act.

3. Accordingly this writ petition is disposed of directing the 2 nd

respondent to accept Ext.P2 and treat notice of marriage as having been given

on the date that Ext.P2 was filed and cause registration of the marriage of the

petitioners under the provisions of the Cochin Christian Civil Marriage Act,

1920. If there are any defects in the application made by the petitioners, the

petitioners shall immediately cure such defects to enable the 2 nd respondent to

comply with the directions issued as above. If the petitioners present themselves

before the 2nd respondent on 14-06-2021 the marriage shall be registered under

the provisions of the Cochin Christian Civil Marriage Act, 1920, on the same day,

if necessary by waiving the notice period.

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 11832/2021

PETITIONER ANNEXURE

Exhibit P1 THE TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM THE COMPANY.

Exhibit P2 THE TRUE COPY OF THE NOTICE OF MARRIAGE DATED 01.06.2021 SUBMITTED BY THE 1ST PETITIONER.

Exhibit P3 THE TRUE COPY OF THE MAIL SENT ON 02.06.2021 BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE MAP OF THE COCHIN STATE AVAILABLE IN ONLINE IN THE SURVEY AND LAND RECORDS OFFICE, THRISSUR.

Exhibit P5 THE TRUE COPY OF A MAP OF THE COCHIN STATE AVAILABLE ONLINE.

Exhibit P6 THE TRUE COPY OF SO-CALLED MAP OF TRAVANCORE STATE RELIED UPON BY THE RESPONDENTS.

Exhibit P7 THE TRUE COPY OF RELEVANT PAGES OF WIKIPEDIA OF KINGDOM OF COCHIN AVAILABLE ONLINE.

Exhibit P8 THE TRUE COPY OF JUDGMENT IN W.P.(C) 30163/2019 DATED 08.11.2019.

Exhibit P9 THE TRUE COPY OF JUDGMENT IN W.P.(C) 19216/2012 DATED 14.08.2012.

Exhibit P10 THE TRUE COPY OF JUDGMENT IN W.P(C) 11576/2021 DATED 03.06.2021.

Exhibit P11 THE TRUE COPY OF CERTIFICATE DATED 09.06.2021 ISSUED BY THE VILLAGE OFFICER, KARUKUTTUY VILLAGE.