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