Jenish Joseph And Another vs State Of Kerala And Another
2021 Latest Caselaw 21148 Ker

WP(C) NO. 6403 OF 2011                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                               WP(C) NO. 6403 OF 2011
PETITIONER/S:

       1       JENISH JOSEPH
               MAKKAPARAMBIL HOUSE, PUTHUKKALAVATTOM,, MASJID LANE,
               ELAMAKKARA, COCHIN-682 026.

       2       APARNA STANLEY T.P.
               KANNIPPARAMBIL HOUSE, VADUTHALA, COCHIN-682 023.

               BY ADVS.
               SRI.PHILIP T.VARGHESE
               SMT.ACHU SUBHA ABRAHAM
               SRI.THOMAS T.VARGHESE



RESPONDENT/S:

       1       STATE OF KERALA AND ANOTHER
               THE SECRETARY, LAW DEPARTMENT, GOVERNMENT OF,
               KERALA, THIRUVANANTHAPURAM.

       2       THE SUB REGISTRAR
               KOCHI AT MATTANCHERRY.

               BY ADV GOVERNMENT PLEADER, SMT. RASHMI K.M.




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    20.10.2021,        THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6403 OF 2011                     2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                      W.P.(C.) No.6403 of 2011
                    --------------------------------------
              Dated this the 20th day of October, 2021


                                       JUDGMENT

The above writ petition is filed with following prayers :

i. "issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent to accept the notice of intended marriage of the petitioners as per Section 7 of the Cochin Christian Civil Marriage Act, 1095 and publish the same and solemnize the marriage on expiry of the 4 days notice and to issue the marriage certificate as conclusive proof of their marriage in compliance with the provisions of the Cochin Christian Civil Marriage Act, 1095;

ii. pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice; and iii. allow this Writ Petition with costs."

2. When this writ petition came up for consideration,

this Court passed an interim order directing the 2 nd respondent

to accept Ext.P1 notice of intended marriage of the petitioners

and publish the same, as per the provisions of the Cochin

Christian Civil Marriage Act, 1095. The 2 nd respondent obeyed

the order.

3. A statement is filed by the 1st respondent, in which

paragraph No.5 is the relevant paragraph and the same is

extracted hereunder :

"It is stated that as per the order of the Hon'ble Court in W.P. (C.) No. 6403/2011 dated 1.3.2011 the 2nd respondent has accepted the notice of the intended marriage, and published the same in accordance with law. The marriage between the petitioners has been solemnized on 14.3.2011 under Cochin Christian Marriage Act, 1095. It is further stated that the Marriage Registrar then had issued Certificate of Marriage to the 1st petitioner herein. The petitioners are not entitled to get any relief as sought for in the above writ petition. Hence this writ petition is devoid of any merit and is liable to be dismissed with costs."

4. In the light of the above facts, nothing survives in

this writ petition.

Therefore, this writ petition is disposed, recording the

interim order dated 1.3.2011.

SD/-

                                             P.V.KUNHIKRISHNAN
                                                   JUDGE
SKS





                         APPENDIX

PETITIONER'S        EXHIBITS    :

EXT.P1    TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE OF THE
PETITIONERS DATED 25.2.2011

RESPONDENT'S EXHIBITS                 :

EXT.R1(A) PHOTOCOPY        OF   THE       GO   (RT.)   NO.395/11/LAW   DATED
10.5.2011




//TRUE COPY//



P.A. TO JUDGE
SKS