Narayanan Kutty vs Registrar Of Marriages
2021 Latest Caselaw 9304 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      WP(C).No.6291 OF 2021(J)


PETITIONER:

              NARAYANAN KUTTY
              AGED 48 YEARS
              S/O. KITTU, NARIKULAM HOUSE, PALLASSANA P.O, PALAKKAD
              DISTRICT.

              BY ADVS.
              SRI.K.MOHANAKANNAN
              SMT.A.R.PRAVITHA
              SMT.D.S.THUSHARA
              SRI.H.PRAVEEN (KOTTARAKARA)
              SMT.T.V.NEEMA

RESPONDENT:

              REGISTRAR OF MARRIAGES
              THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR-
              680 001

              R1 BY SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR
              CORPORATION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                          2
WP(C).No.6291 OF 2021(J)




                                      JUDGMENT

The petitioner seeks for a direction to the respondent

to register his marriage by securing presence of the

petitioner's wife-Soumia via video conferencing and without

insisting for her personal appearance and to issue marriage

certificate.

2. As evidenced by Ext P1 marriage certificate, the

marriage between the petitioner and Soumia was solemnized on

30.03.2007 as per the custom and practice and a marriage

certificate was issued from the Sree Narayana Baktha

Paripalana Yogam. Since both of them were abroad, their

marriage could not be registered under the Kerala

Registration of the Marriages (Common) Rules 2008 ('the

Rules' for short). They have filed Ext.P2 application before

the respondent under Rule 9(1) of the Rules. Since there was

delay in registering the marriage, the matter was referred

to Registrar General, and he in turn granted permission vide

Ext.P3 to register the marriage. The petitioner's wife

Soumia is employed in Belgium. For the purpose of

registration of the marriage under the Rules, the presence

WP(C).No.6291 OF 2021(J)

of the petitioner's wife is not practicable at present in

view of the Covid-19 Pandemic and the travel restrictions

related thereto. The petitioner wants to join her wife in

Belgium for which the marriage certificate from 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 wife of the

petitioner, preferably one among her parents, shall

file an affidavit before the respondent stating that

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

petitioner to sign in the marriage register on behalf

of the wife of the petitioner.

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

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.6291 OF 2021(J)

of his wife through video conferencing, and issue

marriage certificate to the petitioner after obtaining

signatures of the petitioner and the authorised

representative of his wife.

(iii) The wife of the petitioner shall appear before

the respondent and sign in the marriage register within

one year from the date of registration. In case, the

wife of the petitioner does not comply with the said

direction, the 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 respondent for necessary

information and further action. He 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.6291 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 30.03.2007 ISSUED BY THE THRISSUR CORPORATION.

EXHIBIT P2 TRUE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE ALONG WITH ANNEXURES SUBMITTED BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 19.2.2021, OF THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 2236/2021 DATED 3.3.2021.