Sita Annu Sibi vs Registrar Of Marriage
2021 Latest Caselaw 7461 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA,
                           1942

                 WP(C).No.2236 OF 2021(D)


PETITIONER/S:

           SITA ANNU SIBI,
           AGED 24 YEARS, D/O.SIBI,
           KARUNAKKAL HOUSE, KOCHUPALLY,
           UDAYAMPEROOR, NADAKKAVU P.O.,
           ERNAKULAM DISTRICT, PIN-682 307.

           BY ADVS.
           SMT.SANDHYA VENI
           SMT.P.MAMATHA
           SMT.P.DHANYA

RESPONDENT/S:

           REGISTRAR OF MARRIAGE
           TRIPUNITHURA MUNICIPALITY,
           MUNICIPAL OFFICE,
           TRIPUNITHURA,
           ERNAKULAM DISTRICT,
           PIN-682 301.

           BY SRI.RAVI KRISHNAN, GOVERNMENT PLEADER
           BY SRI.MANUVILSAN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.03.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C).No.2236 OF 2021
                                        2




                            W.P.(C)No.2236 of 2021
                   -----------------------------------------------


                                 JUDGMENT

Ashlin Varghese, the husband of the petitioner, is

employed in Canada. The marriage between the petitioner and Ashlin

Varghese was solemnized on 19.02.2020 in accordance with the

provisions of the Special Marriage Act, 1954. Ext.P1 is the marriage

certificate issued under the Special Marriage Act. On 13.01.2021, the

petitioner preferred an application before the respondent for

registration of their marriage as per the Kerala Registration of

Marriages (Common) Rules, 2008 (the Rules). Ext.P2 is the said

application. As the husband of the petitioner had to leave the country

abruptly, formalities concerning the registration of marriage under

the Rules could not be completed. The petitioner needs to register her

marriage for enabling her husband to obtain visa for her to join her

husband in Canada. The petitioner, therefore, seeks directions to the

respondent to complete the formalities concerning the registration of

her marriage through video conferencing and issue marriage

registration certificate without insisting the physical presence of her

husband. It is stated by the petitioner that her husband has

authorised his father Jacob Varghese to sign on his behalf in the

marriage register.

WP(C).No.2236 OF 2021

2. Heard the learned counsel for the petitioner as also

the learned Standing Counsel for the respondent.

3. It is seen that an identical matter has been disposed

of by this court in terms of the judgment in Mathew T.K. v.

Secretary and Registrar of Marriages, Alappuzha and Another,

2020(4) KHC 456.

4. In the circumstances, this writ petition is also disposed

of in tune with the said decision, with the following directions:-

(i) The father of the husband of the petitioner shall file an

affidavit before the respondent stating that he is duly

authorised by the husband of the petitioner to sign in the

marriage register on his behalf.

(ii) If the affidavit as directed is filed before the respondent

by the father of the husband of the petitioner, the

respondent shall act upon Ext.P2 application and

complete the formalities for registration of the marriage

through video conferencing and issue marriage

registration certificate to the petitioner, after obtaining

the signatures of the petitioner and the father of the

husband of the petitioner in the marriage register.

(iii) The husband of the petitioner shall appear before the

respondent and sign in the marriage register within 10

months from the date of registration. In case the husband

of the petitioner does not comply with the said direction, WP(C).No.2236 OF 2021

the respondent will be at liberty to revoke the registration

of their marriage.

(iv) The petitioner shall produce certified copy of the

judgment before the respondent for compliance of the

direction. She shall also make necessary arrangements for

video conferencing.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj WP(C).No.2236 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF CERTIFICATE OF MARRIAGE DATED 19.02.2020 SOLEMNISED BEFORE THE OFFICE OF THE MARRIAGE OFFICER, TRIPUNITHURA, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 13.01.2021 MADE BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPLY LETTER DATED 16.01.2021 BY THE RESPONDENT TO THE PETITIONER.