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Sandhya Shani @ Sandhya Bhaskar vs The Marriage Officer, (Under Special ...
2024 Latest Caselaw 9606 Ker

Citation : 2024 Latest Caselaw 9606 Ker
Judgement Date : 4 April, 2024

Kerala High Court

Sandhya Shani @ Sandhya Bhaskar vs The Marriage Officer, (Under Special ... on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 6191 OF 2015            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                          WP(C) NO. 6191 OF 2015
PETITIONER/S:

               SANDHYA SHANI @ SANDHYA BHASKAR
               AGED 34 YEARS
               W/O.SHANI SHOWKATH, BLOCK NO.2 F1, NO.229 STAR HOMES,
               CHATHARI, TRIPUNITHURA, ERNAKULAM DISTRICT.

               BY ADVS.
               SMT.P.DEEPTHI
               SRI.SABU JOHN



RESPONDENT/S:

      1        THE MARRIAGE OFFICER, (UNDER SPECIAL MARRIAGE ACT),
               SUB REGISTRY OFFICE
               TRIPUNITHURA, TRIPUNITHURA P.O., ERNAKULAM DISTRICT-
               682 301.

      2        STATE OF KERALA
               REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
               KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
               695 001.

               SRI.RIYAL DEVASSY,GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6191 OF 2015                2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C.) No. 6191 of 2015
                    --------------------------------------
              Dated this the 4th day of April, 2024


                                 JUDGMENT

The above writ petition is filed with following prayers :

i) "To issue a writ of mandamus or any other appropriate writ or order or direction, directing the 1st respondent to dispense with personal appearance of the petitioner's husband for exhibiting notice U/s 15 of the Special Marriage Act and to allow the petitioner to submit EXHIBIT-P11 application for registration of marriage under section 15 of the Special Marriage Act.

ii) Such other relief which may deem fit and necessary for the disposal of the writ petition."[ sic]

2. When this writ petition came up for consideration on

27.02.2015, this Court was pleased to issue a direction to the 1 st

respondent to dispense with the personal appearance of the

petitioner's husband for exhibiting and issuing notice for

marriage while submitting application under Sec.15 of the

Special Marriage Act. In the light of the above order, no further

order is necessary.

Recording the above order, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 6191/2015

PETITIONER EXHIBITS

EXT.P1- A TRUE COPY OF THE RECEIPT ISSUED FROM CHOTTANIKARA DEVI TEMPLE DATED 29.12.2008.

EXT.P2- A TRUE COPY OF THE PASSPORT ISSUED ON 4.6.2012.

EXT.P3- A TRUE COPY OF THE BIRTH CERTIFICATE OF PETITIONER'S SON HAFIZ SHANI SHOWKATH ISSUED FROM THE KOCHI CORPORATION DATED 1.8.2013.

EXT.P4- A TRUE COPY OF THE PETITIONER'S ADHAR CARD.

EXT.P5- A TRUE PHOTO COPY OF THE SUBSCRIPTION VOUCHER NO.010324393 DATED 18.1.2010 ISSUED FROM BPCL

EXT.P6- A TRUE COPY OF THE PETITIONER'S ELECTION IDENTITY CARD

EXT.P7- A TRUE COPY OF THE JOB CARD OF PETITIONER'S HUSBAND

EXT.P8- A TRUE COPY OF THE PASS BOOK ISSUED FROM CANARA BANK, TRIPUNITHURA BRANCH

EXT.P9- A TRUE COPY OF THE MONEY TRANSFER RECEIVE FORM DATED 9.1.2015.

EXT.P10- A TRUE COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER'S HUSBAND

EXT.P11- A TRUE COPY OF THE APPLICATION FOR MARRIAGE SUBMITTED BY THE PETITIONER DATED 4.2.2015.

 
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