Jaison Varghese vs Sub Registrar-Vazhoor
2023 Latest Caselaw 772 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 497 OF 2023
PETITIONERS:

    1     JAISON VARGHESE
          AGED 28 YEARS
          S/O. VARGHESE MATHEW,
          CHAKALACKAL HOUSE,
          VAZHOOR EAST, KOTTAYAM
          , PIN - 686504

    2     IRENE KALLOOR
          AGED 26 YEARS
          D/O. MINI JIPSON, MUKALEL HOUSE,
          KUNNUMBHAGOM, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT-
          686506
          NOW RESIDING AT 732, SOUTHWYND ST MESQUITE, DALLAS,
          TEXAS,
          UNITED STATES OF AMERICA
          PIN - 686506

          BY ADVS.
          LIJI.J.VADAKEDOM
          TOM E. JACOB
          REXY ELIZABETH THOMAS
          ATHUL V. VADAKKEDOM



RESPONDENTS:

    1     SUB REGISTRAR-VAZHOOR
          OFFICE OF THE SUB REGISTRAR,
          VAZHOOR .P.O., KOTTAYAM DISTRICT,
          (MARRIAGE OFFICER UNDER THE SPECIAL MARRIAGE ACT 1954)
          PIN - 686504

    2     STATE OF KERALA REPRESENTED BY ITS SECRETARY
          REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM
          PIN - 695001

          BY ADV GOVERNMENT PLEADER
 WP(C) No. 497 of 2023         2




OTHER PRESENT:

           GP AMMINIKUTTY K




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 497 of 2023       3



                        JUDGMENT

Dated this the 12th day of January, 2023

The 1st petitioner is an Indian citizen and the 2 nd

petitioner, a person of Indian origin born to Indian parents,

who later acquired US citizenship.

2. The petitioners submitted Ext.P1 notice of intended

marriage before the 1st respondent Marriage Officer and

produced Ext.P2 Single Status Certificate issued to the 2 nd

petitioner from the Dallas County in USA. The 1 st respondent

accepted Ext. P2, but later informed that the 2 nd petitioner

should produce non-objection and bachelorhood certificate

from the Embassy of the 2nd petitioner. On enquiry, the 2 nd

petitioner was informed that no such certificate will be issued

from the U.S Embassy. Being faced with such predicament,

the petitioners have approached this Court.

3. Heard learned counsel for the petitioners and the

learned Government Pleader.

4. Learned counsel for the petitioners submitted that the

question as to whether a foreign citizen is bound to produce

non-objection and bachelorhood certificate or whether a

notarized affidavit could be accepted in lieu of such certificate

is answered by this Court in Shan S. and Another V.

Marriage Officer [2022 (5) KHC 140]. Later, taking note

of the fact that both intending spouses are in India, this Court

rendered Ext. P5 judgment, permitting the foreign citizen to

produce an affidavit notarized in India. It is submitted that,

in the instant case also, the petitioners are in India and the

2nd petitioner is in possession of Ext.P4 affidavit, notarized in

India.

5. The learned Government Pleader submitted that if the

original of Ext.P4 affidavit is produced, the Marriage Officer

will take appropriate further action.

6. I find substantial merit in the contention based on

Shan (Supra) and Ext.P5 judgment, that a duly notarized

affidavit could be accepted in lieu of the non-objection and

bachelorhood certificate. I also take note of of Ext.P6 interim

order passed by this Court under similar circumstances.

The writ petition is hence disposed of, permitting the

petitioner to produce the original of Ext.P4 notarized affidavit

in lieu of non-objection and bachelorhood certificate. If the

affidavit is found to be in proper form, the 1 st respondent

shall accept the same and solemnize the marriage, subject to

petitioners complying with all other requirements.

Sd/-

V.G.ARUN JUDGE

mtk

APPENDIX OF WP(C) 497/2023

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE NOTICE OF INTENDED MARRIAGE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 5 OF THE SPECIAL MARRIAGE ACT ON THE APPLICATION SUBMITTED BY THE PETITIONERS

Exhibit P1(a) THE COPY OF THE ACKNOWLEDGEMENT SHOWING THE REMITTANCE OF FEE DATED 5.12.2022

Exhibit P2 THE COPY OF THE SINGLE STATUS VERIFICATION CERTIFICATE DATED 28.11.2022 ISSUED FROM THE OFFICE OF THE COUNTY CLERK, DALLAS COUNTY, USA

Exhibit P3 THE COPY OF THE COMMUNICATION NO.

597/2022 DATED 4.1.2023 ISSUED BY THE 1ST RESPONDENT

Exhibit P4 THE COPY OF THE AFFIDAVIT DATED 5/1/2023 SWORN BY THE 2ND PETITIONER BEFORE A NOTARY PUBLIC

Exhibit P5 THE COPY OF THE JUDGMENT DATED 10/8/2022 IN WP(C) NO. 24182/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA

Exhibit P6 THE COPY OF THE ORDER DATED 12/08/2022 IN WP(C) NO. 25575/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA