Shamnad Shajahan vs The Secretary, Kollam ...
2022 Latest Caselaw 6831 Ker

Citation : 2022 Latest Caselaw 6831 Ker
Judgement Date : 14 June, 2022

Kerala High Court

Shamnad Shajahan vs The Secretary, Kollam ... on 14 June, 2022

WP(C) NO. 26050 OF 2021            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                          WP(C) NO. 26050 OF 2021
PETITIONER/S:

      1        SHAMNAD SHAJAHAN,
               AGED 30 YEARS
               S/O.SHAJAHAN, RESIDING AT CHANGAVILA VEEDU,
               THAZHAMEL, ANCHAL, KOLLAM-691 306.

      2        NAZEERA.B.,
               AGED 22 YEARS
               W/O.SAMNAD SHAJAHAN, RESIDING AT NOUSHAD MANZIL,
               MANGADU P.O., KOLLAM-691 015.

               BY ADVS.
               S.SREEKUMAR (KOLLAM)
               K.VIJAYAN
               PRIYA SHANAVAS



RESPONDENT/S:

      1        THE SECRETARY, KOLLAM CORPORATION,
               CORPORATION BUILDINGS, KOLLAM-691 001.

      2        THE REGISTRAR OF BIRTHS & DEATHS,
               KOLLAM CORPORATION, CORPORATION BUILDINGS, KOLLAM-
               691 001.

               BY ADV SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26050 OF 2021               2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 26050 of 2021
                     --------------------------------------
                 Dated this the 14th day of June, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"I. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider to Ext P5 and P6 applications and to register the marriage of the petitioners within a time frame to be fixed by this Hon'ble Court. II. To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case." [SIC]

2. The grievance of the petitioners is that the marriage

which was solemnized between the petitioners is not registered

by the respondent-Corporation, even though Exts.P5 and P6

applications were submitted through online.

3. Heard the learned counsel for the petitioners and the

learned counsel appearing for the respondents.

4. The learned counsel for the petitioners reiterated his

contentions in this writ petition. On the other hand, the learned

counsel appearing for the respondents takes me through

paragraph Nos. 2 and 3 of the statement filed by the

respondents. It is stated that certain documents are necessary

which are mentioned in paragraph No.3 of the statement and

the same is extracted hereunder :

"3. The petitioners are required to submit any of the following documents applicable to Shariat law:-

a) Jamaat documents to substantiate that talaq has been pronounced by the husband;

b) Document to show divorce by mutual consent between the parties or its copy;

c) Order of divorce pronounced by the Court."

5. It is also stated that form No.II attested by the

authorized officer also should be produced. It is an admitted

fact that, both the petitioners are divorced. The counsel for the

petitioners on the other hand submitted that he is ready to

produce all these documents. He submitted that Ext.P4 is the

form No.II application, which is attested by the local MLA. The

petitioners are ready to produce the remaining documents

mentioned in paragraph No.3 of the statement. In such

circumstances, nothing remains in this case. There can be a

direction to the respondents to consider the applications, once

the documents are received.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioners are free to produce the documents

mentioned in paragraph 3 of the statement dated 5.1.2022

of the 1st and 2nd respondents along with the original of

Ext.P4 before the respondents within two weeks from the

date of receipt of a copy of this judgment.

2) Once those documents are received, the respondents will

consider Exts.P5 and P6 applications and pass appropriate

orders to register the marriage between the parties, as

expeditiously as possible, at any rate, within two weeks

from the date on which the documents are produced.