Mrs. Vinisha Vijayan vs The Secretary
2021 Latest Caselaw 20023 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                        WP(C) NO. 18553 OF 2021
PETITIONER:

          MRS. VINISHA VIJAYAN
          AGED 42 YEARS
          W/O. SIJO JOSEPH, CHOOTHAMPARAMBIL, RMV ROAD,
          ELAMAKKARA P.O. KOCHI 682 026.
          BY ADVS.
          P.SAREENA GEORGE
          LINA JOSEPH


RESPONDENTS:

    1     THE SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT, 3RD FLOOR,
          NORTH BLOCK, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.
    2     CORPORATION OF KOCHI,
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE ROAD,
          ERNAKULAM 682 011.
    3     DEPUTY DIRECTOR OF PANCHAYATH,
          CORPORATION OF KOCHI,
          OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE ROAD,
          ERNAKULAM, 682 011.THE ADDRESS OF R3 IS CORRECTED AND
          THE WORDS "MARRIAGE (COMMON)REGISTRAR GENERAL IS ADDED
          IN THE PARTY ARRAY BEFORE THE WORDS "DEPUTY DIRECTOR OF
          PANCHAYATHS" AS PER ORDER DATED 17/09/2021 IN I.A
          3/2021 IN W.P(C)18553/2021
    4     LOCAL REGISTRAR OF MARRIAGES(COMMON)
          CORPORATION OF KOCHI,ADDITIONAL R4 IS IMPLEADED AS PER
          ORDER DATED 17/09/2021 IN I.A 2/2021 IN
          W.P(C)18553/2021
          BY ADV ARUN ANTONY


          By APPU.P.S-GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18553 OF 2021

                                   2




                           JUDGMENT

Dated this the 24th day of September 2021

This writ petition is filed seeking directions to

the respondents to register the marriage of the

petitioner under the Kerala Registration of Marriages

(Common) Rules, 2008.

2. The learned counsel for the petitioner places

reliance on the decisions of this Court held in Pradeep

Kodiveedu Cleetus v. Local Registrar of Marriages,

reported in 2018 (1) KHC 280, as well as later

decisions of this Court permitting the registration of

marriages by obtaining the presence of one or both of

the parties to the marriage through video conferencing.

The learned counsel for the petitioner also places

reliance on the special permission granted by the

Registrar General of Marriages vide Exhibit P4 dated

11-08-2021 and a Government Order dated 09-09-2021

by which the Local Registrars have been permitted to

register marriages by obtaining the presence of the WP(C).No.18553 OF 2021

parties to the marriage through video conferencing and

after ascertaining that the application for registration is

filed with their knowledge and consent.

3. The learned Standing Counsel for the 2 nd

respondent Kochi Corporation submits that the

application preferred by the petitioner for registration of

marriage will be re-considered in accordance with

Exhibits P4 and P5.

4. The said submission is recorded. The Local

Registrar, who is the Secretary of the Corporation shall

take up the application preferred by the petitioner for

registration of marriage under the Kerala Registration of

Marriages (Common) Rules, 2008 and consider the

same in accordance with Exhibits P4 and P5 after

obtaining the presence of the petitioner's husband

through video conferencing. The petitioner shall pay all

required fees, if not already paid, and shall also be

present before the Local Registrar for the registration of

marriage. The husband of the petitioner shall be

represented by a duly authorised representative who WP(C).No.18553 OF 2021

shall be permitted to sign the register. The presence of

witnesses with proof of their identity and address shall

also be provided by the petitioner. The petitioner shall

also make available the presence of her husband

through video conferencing before the Local Registrar,

who shall take appropriate steps in accordance with law

within a period of two weeks from the receipt of copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/09 WP(C).No.18553 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

PETITIONER EXHIBITS TRUE COPY OF THE MARRIAGE CERTIFICATE Exhibit P1 ISSUED BY THE PARISH PRIEST OF LITTLE FLOWER CHURCH, POTTAKUZHI.

Exhibit P2 ACKNOWLEDGEMENT RECEIPT DATED 28/7/2021. Exhibit P3 TRUE COPY OF APPLICATION DATED 28-7-2021.

TRUE COPY OF ORDER NO.M-1453/2021 KDS DATED EXHIBIT P4 11-08-2021 ISSUED BY REGISTRAR GENERAL AND DEPUTY DIRECTOR OF PANCHAYATHS.

TRUE COPYP OF ORDER NO.1721/2021LSGD DATED EXHIBIT P5 9-9-2021 ISSUED BY LOCAL SELF GOVERNMENT DEPARTMENT.

RESPONDENTS' EXHIBITS:    NIL



 SSK                      //TRUE COPY//         PA TO JUDGE