Binsa Fathima vs Local Registrar Of Marriages ...
2021 Latest Caselaw 8863 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.1749 OF 2021(P)


PETITIONER:

               BINSA FATHIMA
               AGED 22 YEARS
               W/O RIYAS A.I, POTHANIKKAD, PALLARIMANGALAM
               P.O.ERNAKULAM DISTRICT-686 671.

               BY ADVS.
               SRI.RAAJESH S.SUBRAHMANIAN
               SRI.V.R.RAJESH

RESPONDENTS:

      1        LOCAL REGISTRAR OF MARRIAGES (COMMON)
               PALLARIMANGALAM GRAMA PANCHAYATH, ADIVAD-ONNUKAL
               ROAD, PALLARIMANGALAM P.O.KOOVALLOR, ERNAKULAM
               DISTRICT-686 671.

      2        PALLARIMANGALAM GRAMA PANCHAYATH,
               ADIVAD-ONNUKAL ROAD, PALLARIMANGALAM P.O.KOOVALLOR,
               ERNAKULAM DISTRICT-686 671,REPRESENTED BY ITS
               SECRETARY.

               R2 BY ADV. SRI.AJITH VISWANATHAN
               R2 BY ADV. SRI.JAYASANKAR.G

OTHER PRESENT:

               G.P SRI PAUL ABRAHAM VAKKANAL.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2
WP(C).No.1749 OF 2021(P)




                     Sathish Ninan, J.
                ==============================
                    W.P.(C) No.1749 of 2021
                  ==========================
            Dated this the 17th day of March, 2021

                                JUDGMENT

The petitioner seeks for a direction to the 1 st

respondent to register her marriage by securing presence of

the petitioner's husband-Riyas A.I via video conferencing

and without insisting for his personal appearance and to

issue marriage certificate.

2. As evidenced by Ext P1, the marriage between the

petitioner and Mr.Riyas.A.I was solemnized at Hidaya Juma

Masjid, Chamebazha on 14.11.2019 under the Kerala

Registration of Marriages (Common) Rules, 2008. The

petitioner and her husband on the very next day of their

marriage (ie on 15/11/2019) submitted an application for

registration of marriage and paid the prescribed fee. The

husband of the petitioner is presently abroad-Daman, Saudi

Arabia. For the purpose of registration of the marriage

under the Kerala Registration of the Marriages (Common)

Rules 2008, the presence of the petitioner's husband is not

WP(C).No.1749 OF 2021(P)

practicable at present in view of the Covid -19 Pandemic and

the travel restrictions related thereto. The petitioner

wants to join her husband in Damam, Saudi Arabia for which

the marriage certificate issued by the competent authority

is mandatory. In Mathew T. K. v. Secretary and Registrar of

Marriages, Alappuzha and Another 2020 (4) KHC 456, this

Court has in a similar matter directed registration of

marriage on conditions. There is no reason not to follow the

said precedent.

In the circumstances, it is ordered as follows:-

(i) An authorized representative of the husband of the

petitioner, preferably one among his parents, shall

file an affidavit before the 1st respondent stating that

he/she has been duly authorised by the husband of the

petitioner to sign in the marriage register on behalf

of the husband of the petitioner.

(ii) If an affidavit as directed is filed before the 1st

respondent, he shall act upon Ext.P2 application and

complete the formalities for registration of the

marriage of the petitioner, after securing the presence

WP(C).No.1749 OF 2021(P)

of her husband through video conferencing, and issue

marriage certificate to the petitioner after obtaining

signatures of the petitioner and the authorised

representative of her husband.

(iii) The husband of the petitioner shall appear before

the 1st respondent and sign in the marriage register

within one year from the date of registration. In case

the husband of the petitioner does not comply with the

said direction, the 1 st respondent will be at liberty to

revoke the registration of their marriage.

(iv) The petitioner shall produce a certified copy of

the order before the 1st respondent for necessary

information and further action. She shall also make

necessary arrangements for the video conferencing.

(v) The necessary fee payable consequent to the delay

in registration shall also be paid by the petitioner.

Sd/-

Sathish Ninan, Judge

rsr

WP(C).No.1749 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE PRESIDENT, HIDAYA JUMA MASJID, CHEMBAZHA.

EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 15.11.2019 SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH THE RECEIPT EVIDENCING PAYMENT OF FEES