Kerala High Court
Mary Shirly T vs The Chief Registrar General Of ... on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 18033 OF 2021
PETITIONER:
MARY SHIRLY T.
AGED 43 YEARS
W/O.JOSEPH BERNAD, SARPATHU VILAYIL, CHAVARA SOUTH,
THEKKUM BHAGOM, KOLLAM - 691 581.
BY ADVS.
JAI GEORGE
DAISY A.PHILIPOSE
RESPONDENTS:
1 THE CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON)
DIRECTOR OF PANCHAYATHS, PUBLIC OFFICE BUILDING,
MUSEUM P.O., THIRUVANANTHAPURAM - 695 033.
2 THE LOCAL REGISTRAR OF MARRIAGES (COMMON)
(THE REGISTRAR OF BIRTH AND DEATHS), AND THE SECRETARY,
THEKKUMBHAGOM GRAMA PANCHAYAT, CHAVARA SOUTH,
THEKKUM BHAGOM, KOLLAM DISTRICT - 691 581.
ADV.P.S.APPU, GP
ADV.JUSTINE JACOB
ADV.RAJEE P MATHEWS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18033 OF 2021
2
JUDGMENT
This writ petition is filed seeking a direction to the respondents to
consider Ext.P3 application and for permission to register the marriage
under the Kerala Registration of Marriages (Common) Rules, 2008 by
securing the presence of the petitioner's husband through video
conferencing and to issue a Marriage Certificate to the petitioner.
2. Heard the learned counsel for the petitioner, the learned
Government Pleader as well as the learned counsel appearing for the 2 nd
respondent.
3. It is submitted by the learned counsel for the petitioner that the
marriage of the petitioner was conducted on 29.05.1996 at the St.Joseph
Church, Thekkumbhagom, Chavara South, Kollam. It is stated that Ext.P1
is the Marriage Certificate issued from the Church. The petitioner had
submitted Ext.P3 application for registration of marriage after
complying with all formalities and that the same is liable to be
considered by the 2nd respondent and permission is to be granted for
registration of the marriage after obtaining the presence of the
petitioner's husband, who is unable to be present personally, through
WP(C) NO. 18033 OF 2021
video conferencing.
4. The learned Government Pleader, on instructions, submits that
general instructions have already been issued permitting the
registration of marriages after obtaining the presence of one or both of
the parties to the marriage through video conferencing and after
ascertaining that the application for registration is submitted with their
knowledge and consent.
5. In the above view of the matter, I am of the opinion that Ext.P3
application preferred by the petitioner is to be considered in accordance
with law. The petitioner shall follow all necessary procedure and pay the
required fee and shall approach the 2nd respondent for the registration
along with an authorized representative of her husband and two
witnesses. The identity and address proof of the parties and witnesses
shall also be made available. The petitioner shall also make available all
necessary arrangements for obtaining the presence of the petitioner's
husband through video conferencing. After ascertaining that the
application is made with the knowledge and consent of the husband, his
duly authorized representative shall be permitted to sign the register on
behalf of the petitioner's husband. After registration of the marriage, the
WP(C) NO. 18033 OF 2021
Marriage Certificate shall also be issued to the petitioner.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 18033 OF 2021
APPENDIX OF WP(C) 18033/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED
BY THE ST.JOSEPH CHURCH, THEKKUMBHAGAM DATED
15/4/2008.
Exhibit P2 TRUE COPY OF THE ADHAR CARD OF THE
PETITIONER'S HUSBAND.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR REGISTRATION
OF MARRIAGE ALONG WITH THE ACKNOWLEDGMENT
RECEIPT DATED 1/12/2020.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 15/2/2021 IN
W.P.(C) NO.2792/2021.
RESPONDENT'S/S EXHIBITS: NIL
