Lufiya George.C vs Kaiparambu Grama Panchayat
2021 Latest Caselaw 19323 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
                                   1943
                       WP(C) NO. 18288 OF 2021
PETITIONER:

               LUFIYA GEORGE.C,
               AGED 25 YEARS
               W/O. PATRIC PAUL C. CHIRAYATH, KONIKKARA
               HOUSE, , PERAMANGALAM, PERAMANGALAM P.O,
               THRISSUR DISTRICT.

            BY ADVS.
            SANTHOSH P.PODUVAL
            R.RAJITHA
            CHITHRA.S.BABU
            R.N.SANDEEP


RESPONDENTS:

    1          KAIPARAMBU GRAMA PANCHAYAT,
               REP. BY ITS SECRETARY, MUNDOOR P.O, THRISSUR
               TALUK, THRISSUR DISTRICT-680 541

    2          THE SECRETARY AND LOCAL REGISTRAR OF MARRIAGE
               (COMMON),
               KAIPARAMBU GRAMAPANCHAYAT, MUNDOOR P.O, THRISSUR
               TALUK, THRISSUR DISTRICT-680 541

               BY ADV.P.C.SASIDHARAN,SC


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   14.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18288 OF 2021

                                    2




                  W.P.(C) No.18288 of 2021
             -----------------------------------------------
                           JUDGMENT

Petitioner is married to one Patric Paul. The

marriage of the petitioner was solemnized on 27.06.2021 at

St.Mary's Church, Peramangalam. Ext.P2 is the marriage

certificate issued to the petitioner by the Vicar of Thrissur

Archdiocese on 03.07.2021. Later, the petitioner preferred an

application along with her husband for registration of their

marriage as per the Kerala Registration of Marriages (Common)

Rules, 2008 (the Rules). Ext.P3 is the said application. It is

stated that the husband of the petitioner had to leave India

urgently thereafter on 23.8.2021. It is also stated by the

petitioner that the marriage officer is insisting the physical

presence of the husband of the petitioner for putting his

signature in the marriage register for the purpose of

completing the formalities concerning the registration of the WP(C) NO. 18288 OF 2021

marriage. According to the petitioner, the second respondent

is empowered to permit registration of marriage without

insisting physical presence of the parties. The petitioner,

therefore, seeks directions to the second respondent to

complete the formalities concerning the registration of the

marriage of the petitioner through video conferencing and

issue certificate of registration of marriage without insisting

the appearance and signature of the husband of the petitioner.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the second respondent.

3. It is seen that a similar matter has been

disposed of by this court in terms of the judgment in Mathew

T.K. v. Secretary and Registrar of Marriages, Alappuzha

and Another, 2020(4) KHC 456.

4. In the circumstances, this writ petition is also

disposed of in tune with the said decision, with the following

directions:-

(i) Any one of the parents of the husband of the WP(C) NO. 18288 OF 2021

petitioner shall file an affidavit before the second

respondent, with the concurrence of the husband

of the petitioner, stating that he/she is duly

authorised by their son to sign in the marriage

register on his behalf.

(ii) If the affidavit as directed is filed, the second

respondent shall act upon Ext.P3 application and

complete the formalities for registration of the

marriage of the petitioner through video

conferencing and issue certificate of registration

of marriage to the petitioner, after obtaining the

signatures of the parent of the husband of the

petitioner who has sworn to the affidavit, and the

petitioner in the marriage register.

(iii) The husband of the petitioner shall appear

before the second respondent and sign in the

marriage register within 10 months from the date

of registration. In case the husband of the WP(C) NO. 18288 OF 2021

petitioner does not comply with the said

direction, the second respondent will be at liberty

to revoke the registration of the marriage.

(iv) The petitioner shall produce certified copy of

the judgment before the second respondent for

necessary information and further action. The

petitioner shall also make necessary

arrangements for the video conferencing.

Sd/-

P.B.SURESH KUMAR JUDGE Mn WP(C) NO. 18288 OF 2021

APPENDIX OF WP(C) 18288/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF NOTICE DATED 3.9.21 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF MARRIAGE CERTIFICATE ISSUED BY VICAR OF THRISSUR ARCHIDIOCESE DATED 3.7.21.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM NO. 1 AS PER RULE 9(1) OF KERALA REGISTRATION OF MARRIAGES (COMMON) RULES, 2008.