Shima Michael vs The Mala Grama Panchayath
2021 Latest Caselaw 9697 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.5190 OF 2021(W)


PETITIONER:

               SHIMA MICHAEL, AGED 28 YEARS
               W/O.JOSEPH ANTONY ALAPPAT, ALAPPAT HOUSE, VADAMA,
               VADAMA P.O., THRISSUR DISTRICT, PIN-680 732.

               BY ADV. SRI.C.V.MILTON

RESPONDENTS:

      1        THE MALA GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, MALA, THRISSUR
               DISTRICT, PIN-680 732.

      2        THE LOCAL REGISTRAR OF MARRIAGES (COMMON),
               (THE REGISTRAR OF BIRTHS AND DEATHS), MALA GRAMA
               PANCHAYATH, MALA, THRISSUR DISTRICT, PIN-680 732.

               R1-2 BY SHRI.PHILIP T.VARGHESE, SC, MALA GRAMA
               PANCHAYATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5190 OF 2021(W)

                                        2




                                 JUDGMENT

Dated this the 23rd day of March 2021

The petitioner seeks for a direction to the respondent

to register her marriage by securing presence of the

petitioner's husband-Mr. Joseph Antony Alappat via video

conferencing and without insisting for his personal

appearance and to issue marriage certificate.

2. As evidenced by Ext P2 marriage certificate issued

from the Church, the marriage between the petitioner and

Joseph Antony Alappat was solemnized on 01.02.2021 as per

the custom and practice.

3. Since the husband of the petitioner was working

abroad, though a Memorandum of Registration of Marriage, in

Form No.1 for registration under the Kerala Registration of

the Marriages (Common) Rules 2008 ('the Rules' for short)

was filed and fee paid, their marriage could not be

registered since he had to leave without delay. For the

purpose of registration of their marriage under the Rules,

the presence of the petitioner's husband is not practicable WP(C).No.5190 OF 2021(W)

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

restrictions related thereto. The petitioner wants to join

her husband abroad for which 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.

4. 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 2 nd 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

2nd respondent, he shall act upon Ext.P3 application

and complete the formalities for registration of the

marriage of the petitioner, after securing the

presence of her husband through video conferencing,

and issue marriage certificate to the petitioner after WP(C).No.5190 OF 2021(W)

obtaining signatures of the petitioner and the

authorised representative of her husband.

(iii) The husband of the petitioner shall appear

before the 2nd 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 2 nd

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 2nd 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 vdv WP(C).No.5190 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARRIAGE INVITATION LETTER.

EXHIBIT P2 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 08.02.2021 ISSUED BY THE VICAR, ST.STANISLAUS FORANE CHURCH, MALA.

EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF REGISTRATION OF MARRIAGE IN FORM NO.1 DATED 08.02.2021.

EXHIBIT P4 TRUE COPY OF CASH RECEIPT NO.018122 DATED 08.02.2020 FOR RS.120/- ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 JUDGMENT IN WP(C) NO.37100 OF 2017 DATED 29.11.2017.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.23787/2021 DATED 21.12.2020.