Vipin John vs The Manjapara Grama Panchayath
2021 Latest Caselaw 18257 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                        WP(C) NO. 17946 OF 2021
PETITIONERS:

    1     VIPIN JOHN
          AGED 31 YEARS, S/O. JOHNY M.V., MOONJELY HOUSE,
          NADAMURY MANJAPARA P.O., ERNAKULAM, PIN CODE-683 581.
          NOW RESIDING AT SUN CITY APARTMENTS NO.II 38 TRIQ IL -
          MARSA, IL - MARSA, MALTA, AUTHORIZED AND REPRESENTED BY
          MOTHER OF THE IST PETITIONER, MRS. ANNIE JOHN,
          AGED 61 YEARS, W/O. JOHN M.V., MOONJELY HOUSE,
          MANJAPARA P.O., NADAMURY, ERNAKULAM-683 581.

    2     ANCY BABY
          AGED 30 YEARS, W/O. VIPIN JOHN, MOONJELY HOUSE,
          NADAMURY MANJAPARA P.O., ERNAKULAM, PIN CODE-683 581.
          NOW RESIDING AT SUN CITY APARTMENTS NO.II 38 TRIQ IL -
          MARSA, IL - MARSA, MALTA, AUTHORIZED AND REPRESENTED BY
          MOTHER IN LAW OF THE 2ND PETITIONER, MRS. ANNIE JOHN,
          AGED 61 YEARS, W/O. JOHN M.V., MOONJELY HOUSE,
          MANJAPARA P.O., NADAMURY, ERNAKULAM-683 581.

          BY ADVS.
          P.M.ARUN DAS
          BIBIN VARGHESE


RESPONDENTS:

    1     THE MANJAPARA GRAMA PANCHAYATH
          MANJAPARA, ERNAKULAM DISTRICT, PIN-683 581
          REPRESENTED BY PANCHAYATH SECRETARY.

    2     ADDL R2: THE SECRETARY
          MANJAPARA GRAMA PANCHAYATH
          MANJAPARA, ERNAKULAM DISTRICT, PIN-683 581

          (IS IMPLEADED AS PER ORDER DATED 07.09.2021 IN
          I.A.NO.1/2021)

          SRI.V.P.POULOSE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17946 OF 2021

                                         2


                                 JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of mandamus commanding the respondent Grama Panchayath to accept the memorandum for registration of marriage submitted by the petitioners in their absence and allow the petitioners to be present in the respondent office through video conference and accept it as a presence for registration of marriage, and to issue the certificate of marriage to the petitioners through their authorized legal representatives."

2. The Registry had raised a preliminary objection with regard to the

writ petition, since a power of attorney of the petitioners had not been

produced. I am of the view that there is substance in the objection

raised. However, in view of the special circumstances prevalent globally

due to the pandemic and the submissions of the learned counsel for the

petitioners, the said objection of the Registry was overruled and the writ

petition was directed to be sent up for admission.

3. Heard the learned counsel for the petitioners and the learned

counsel appearing for the Panchayath.

4. It is submitted by the learned counsel for the petitioner that the

petitioners, who are represented by the mother of the 1 st petitioner on

the strength of authorization, were married in a ceremony conducted at

the Holy Cross Forane Church, Manjapra on 29.07.2019. It is submitted WP(C) NO. 17946 OF 2021

that Ext.P1 is the certificate issued by the Church and Ext.P2 are the

photographs evidencing such marriage. Thereafter, the petitioners had

to leave for Malta where they were employed. The petitioners are now

residing in Malta and are in urgent need of a Marriage Certificate to be

issued by the respondents for the purpose of obtaining a VISA for their

child, who was born on 13.06.2021. It is submitted that an application for

registration of their marriage was submitted before the respondents.

However, the same is not being considered for want of proper

authentication of the application and in view of the fact that the

petitioners are unable to appear before the respondents for registering

the marriage.

5. The learned counsel for the petitioners submits that Ext.P5

authorization has been issued by the petitioners in favour of the parents

of the 1st petitioner to enable them to represent the petitioners in all

matters including for the registration of their marriage. It is submitted

that they were unable to obtain a power of attorney only because the

embassy at Malta was not functioning.

6. The learned counsel for the petitioners places reliance on the

decisions of this Court in Pradeep Kodiveedu Cletus and another v. WP(C) NO. 17946 OF 2021

Local Registrar of Marriages (Common), Kollam and others [2018 (1)

KHC 280] and Mathew T.K. v. Secretary Registrar of Marriages,

Alappuzha and another [2020 (4) KHC 456]. It is submitted that in view

of the fact that the petitioners are unable to be present in person, their

marriage which was already been solemnized in accordance with

religious rituals may be permitted to be registered by procuring their

attendance through video conferencing.

7. This Court in Pradeep Kodiveedu Cletus and another (cited

supra) has considered the provisions of the Kerala Registration of

Marriages (Common) Rules, 2008 and had held that the Rule provides

that the registration of marriage can be effected in case the Local

Registrar is convinced with regard to the solemnization of the marriage

in due form. Rule 11 was interpreted and this Court held that in view of

the prior decisions of this Court as well as the Apex Court, the provisions

of Rule 11 can be construed to mean that the marriage which is already

been solemnized can be registered even if the parties to the marriage are

unable to be physically present before the Local Marriage Officer for the

purpose of registration of the marriage. It is therefore held that the

marriage can be registered in case the Local Registrar is convinced that WP(C) NO. 17946 OF 2021

the application of the petitioners was one preferred with their

knowledge by verifying the same by video conferencing and that the

authorized signatories can be permitted to sign the register.

8. In the facts and circumstances of the instant case and in view of

the extreme urgency of the situation as pointed out by the petitioners in

the writ petition and in view of the restrictions in force due to the Covid

19 pandemic, I am of the opinion that extra ordinary steps are liable to

be taken in the instant case. Since the petitioners require a passport

Visa for the child born to them on 13.6.2021, the marriage of the parties

requires to be registered without delay.

9. In the above circumstances, the application for registration of the

marriage of the petitioners shall be treated as one submitted within

time. The parents of the 1st petitioner who have been authorised by the

petitioners shall appear before the 2 nd respondent on 14.9.2021 with a

copy of the application made by the petitioners for registration of the

marriage under the common rules. They shall make all necessary

payment of fees to the 2nd respondent. They shall also make available all

facilities for appearance of the parties to the marriage through video

conferencing. The application preferred by the petitioners, the identity WP(C) NO. 17946 OF 2021

of the petitioners and the persons appearing on their behalf shall be duly

verified by the 2nd respondent. Thereafter, the 2nd respondent shall

secure the attendance of the parties to the marriage through video

conferencing and shall verify that the application for registration of

marriage is one made with the knowledge of the parties to the marriage.

On being so satisfied, the 2nd respondent shall permit the parents of the

1st petitioner to sign the marriage register on behalf of the petitioners

and the marriage certificate shall be duly issued to the parents of the 1 st

petitioner.

However, it is made clear that the directions are issued considering the

travel restrictions and the extreme urgency of the matter. The parents

of the 1st petitioner shall give an undertaking before the 2nd respondent

that the petitioners shall submit due Power of Attorneys and affidavits

and shall also appear before the 2 nd respondent within ten months from

the date of registration of the marriage. Necessary Ex post facto

permission from the Registrar General for permission to register the

marriage after the time provided in the Rules shall also be obtained and

produced before the 2nd respondent by the petitioners or their

authorised representatives as soon as possible and within the ten WP(C) NO. 17946 OF 2021

months as stated above, without fail.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 17946 OF 2021

APPENDIX OF WP(C) 17946/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE HOLY CROSS FORANE CHURCH, MANJAPRA DATED 5.8.2019.

Exhibit P2 THE PHOTOS OF THE MARRIAGE FINCTION OF THE PETITIONERS AND WITH FAMILY MEMBERS.

Exhibit P3 THE TRUE COPY OF THE FIRST AND LAST PAGE OF THE PASSPORT OF THE PETITIONERS.

Exhibit P4                THE TRUE COPY OF THE MEMORANDUM FOR
                          REGISTRATION OF MARRIAGE FILED BY THE
                          PETITIONERS BEFORE THE MANJAPRA GRAMA
                          PANCHAYATH.

Exhibit P5                THE ACKNOWLEDGEMENT GIVEN BY THE PETITIONERS
                          TO THEIR PARENTS TO SIGN IN THE AFFIDAVITS
                          AND TO PRODUCE DOCUMENTS ON BEHALF OF
                          PETITIONERS.

Exhibit P6                THE TRUE COPY OF THE CERTIFICATES PRODUCED
                          WITH THE MEMORANDUM FOR REGISTRATION OF
                          MARRIAGE BY THE PETITIONERS BEFORE THE
                          RESPONDENT OFFICE.

Exhibit P7                THE TRUE COPY OF THE CASH RECEIPT REMITTED
                          FOR THE REGISTRATION OF MARRIAGE OF THE
                          PETITIONERS AT THE OFFICE OF THE RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL