Kerala High Court
Viji.R vs Chief Registrar General Of ... on 20 May, 2021
WP(C) NO. 6915 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
WP(C) NO. 6915 OF 2021
PETITIONERS:
VIJI.R, AGED 31 YEARS, D/O.REGHU, RESIDING AT BINU BHAVAN,
KIZHUVALLOOR P.O, PANDANADU, CHENGANNUR TALUK, ALAPPUZHA
1. DISTRICT, KERALA STATE, NOW RESIDING AT VARIKOTTIL HOUSE,
MAZHUKEER, KALLISSERRY, THIRUVANVANDOOR VILLAGE, CHENGANNUR,
ALAPPUZHA DISTRICT.
RATHEESH V.S, ALIAS RATHEESH VARIKKOTTIL SIVANDAN, AGED 35
YEARS, S/O. SIVANADAN VARIKKOTTIL PAAPPU, RESIDING AT
VARIKOTTIL HOUSE, MAZHUKEER, KALLISSERRY, THIRUVANVANDOOR
VILLAGE, CHENGANNUR, ALAPPUZHA DISTRICT, HOLDER OF INDIAN
2. PASSPORT NO. R-3524994 NOW RESIDING AND WORKING AT SHARGH,
UAE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SIVANADAN,
AGED 66 S/O. PAPPU, RESIDING AT VARIKOTTIL HOUSE, MAZHUKEER,
KALLISSERRY, THIRUVANVANDOOR VILLAGE, CHENGANNUR, ALAPPUZHA
DISTRICT.
BY ADVS K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENTS:
CHIEF REGISTRAR GENERAL OF MARRIAGE (COMMON), DIRECTOR OF
1. PANCHAYAT, PUBLIC OFFICE BUILDING, MUSEUM O.O.,
THIRUVANANTHAPURAM, PIN-695 001
REGISTRAR GENERAL OF MARRIAGE (COMMON),
2. (REGIONAL JOINT DIRECTOR OF PANCHAYAT, SH 40, CHUNGAM,
ALAPPUZHA, KERALA 688 001.
REGISTRAR OF MARRIAGE , (COMMON) (REGISTRAR TO BIRTH AND
3. DEATHS), PANDANADU GRAMA PANCHAYAT, PANDANADU P.O,
CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 506
WP(C) NO. 6915 OF 2021
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SECRETARY, PANDANADU GRAMA PANCHAYAT, PANDANADU P.O,
4.
CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 506
OTHER PRESENT:
SRI.N.ASOK KUMAR,SC, SRI.K.P.HARISH,SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6915 OF 2021
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P.V.ASHA J.
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W.P.(C).No.6915 of 2021
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Dated this the 20th day of May, 2021
J U D G M E N T
Petitioners are aggrieved by Ext.P3 letter issued by the
4th respondent by which they were directed to appear before
the Registrar of Marriages and to affix their signature in
the Register. It is stated that the marriage of the
petitioners was solemnized on 10.06.2013 and Registrar
General had granted permission for registration of their
marriage. It is stated that second petitioner, the husband
of the first petitioner is abroad and he is unable to
appear before the Registrar of Marriages. Petitioners have
approached this Court seeking a direction to the 3 rd
respondent to register the marriage through Vedio
Conferencing and allow the power of attorney holder of the
second petitioner to sign the Marriage register, on behalf
of the 2nd petitioner.
2. I heard the learned counsel for the petitioner and
WP(C) NO. 6915 OF 2021
Shri N.Asok Kumar, learned counsel appearing for the
Panchayath.
3. The issue is covered by the judgment of this Court
in Pradeep Kodiveedu Cletus and Another v. Local Registrar
of Marriages (Common), Kollam and Others [2018 (1) KHC
280] where this Court had permitted registration of
marriage through Vedio Conferencing in a case where
personal appearance of the parties was found difficult.
4. In the present case it is stated that the second
petitioner is abroad and he is unable to leave the place
of employment to appear before the Registrar as at present
on account of Covid Protocol and on fear of loss of
employment. It is also stated that a certificate of
registration is required immediately for the purpose of
employment of first petitioner. The petitioners therefore
submitted application for registration of marriage on
15.02.2021. Thereupon Ext.P3 letter was issued by the 4 th
respondent directing the parties to the marriage to appear
before the 3rd respondent.
In the light of the law laid down in the judgment in
WP(C) NO. 6915 OF 2021
Pradeep Kodiveedu Cletus's case (supra) the registration of
marriage can be held through Vedio Conferencing provided
the facilities are available in the Panchayath. Petitioner
and the power of attorney holder of the second petitioner
shall approach the respondents 3 and 4 with such a request
for the same and respondents 3 and 4 shall take
appropriate action for registration of marriage through
Vedio Conferencing at the expense of the petitioners, as
expeditiously as possible and allow the power of attorney
holder of Shri Ratheesh to put his signature on behalf of
the second petitioner, in the peculiar circumstances of
the case.
The writ petition is accordingly disposed of.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C) NO. 6915 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 - THE COPY OF POWER OF ATTORNEY EXECUTED BY THE
SECOND PETITIONER DATED 22.01.2021.
EXHIBIT P2 - THE COPY OF MARRIAGE CERTIFICATE ISSUED BY THE
SECRETARY DEVI VILASAM NSS KARAYOGAM, PRAYAR 16.01.2021.
EXHIBIT P3 - THE TRUE COPY OF COMMUNICATION DATED 10.03.2021
ISSUED BY THE FOURTH RESPONDENT.
EXHIBIT P4 - THE COPY OF JUDGMENT IN PRADEEP KODIVEEDU CLETUS
AND ANOTHER V LOCAL REGISTRAR OF MARRIAGES (COMMON) KOLLAM AND
OTHERS 2018 (1) KHC 280.
