Kerala High Court
Anna Carin Sunil vs State Of Kerala on 7 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WP(C) NO. 4779 OF 2024
PETITIONER:
ANNA CARIN SUNIL, AGED 25 YEARS
D/O SUNIL GOERGE, MUTTATHUKUNNEL THONDIMMAL, MUKKAM,
THIRUVAMBADI, KOZHIKODE -, PIN - 673603
BIMALA BABY
ROSHAN SHAJI
MAGI PAVITHRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO REGISTRATION DEPARTMENT,
SECRETARIATE, THIRUVANTHAPURAM, PIN - 695001
2 THE INSPECTOR GENERAL OF REGISTRATION
DEPARTMENT OF REGISTRATION, VANCHIYOOR P.O,
THIRUVANANTHAPURAM. KERALA -, PIN - 695035
3 THE SUB REGISTRAR (MARRIAGE OFFICER),
OFFICE OF THE SUB REGISTRAR, THURUVAMBADY , KOZHIKODE
DISTRICT, PIN - 673603
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4779 OF 2024
2
JUDGMENT
The petitioner is stated to be an Indian citizen who wants
to marry a U.S citizen. She says that, though Ext.P8 "Single
Status" statutory declaration was presented before the
Registrar on behalf of her fiance, her application for
registration of marriage has been still not acceded to; thus
constraining her to approach this Court, through this writ
petition.
2. Sri.Roshan Shaji - learned counsel for the petitioner,
submitted that the predicament of her client has been
exacerbated because of Ext.P7 circular, which the second
respondent appears to be relying upon, because it creates an
impediment to the solemnization of marriage under the Special
Marriage Act, 1954. She thus reiteratingly prayed that the
reliefs sought for in this writ petition be granted.
3. However, pertinently, Smt.Vidya Kuriakose - learned
Government Pleader, responded to the afore submissions of
Sri.Roshan Shaji, saying that the issues involved in this case
have already been answered by this Court in the judgment in
WP(C) NO. 4779 OF 2024
W.P.(C) No.29331/2023. She added that the question of "Single
Status" has been subsequently dealt with by the Government in
its circular dated 05.09.2023, whereby, the fiance of the
petitioner is only required to affirm, through an affidavit
properly attested, that he continues to be single. She,
therefore, prayed that this Court dispose of this matter, in
terms of the afore judgment and circular.
4. The submissions of Smt.Vidya Kuriakose certainly clear
the air of the petitioner. This Court does not, therefore, deem it
necessary to enter into the merits of the petitioner's
contentions any further because, the apprehensions voiced by
her would stand allayed, if this Court follows the judgment
earlier delivered.
In the afore circumstances, I allow this writ petition,
leaving liberty to the petitioner to make sure that a duly
attested Single Status affidavit by her fiance is made available
before the third respondent, in support of the application for
marriage; and as soon as it is done, the said Authority will
register the requested marriage through online means,
provided the petitioner is present personally, adverting to the
WP(C) NO. 4779 OF 2024
specific directions of this Court in the judgment in W.P.(C)
No.29331/2023. This shall be done without any avoidable
delay, but not later than two weeks from the date on which the
affidavit mentioned above is produced before the third
respondent.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 4779 OF 2024
APPENDIX OF WP(C) 4779/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PASSPORT BEARING NUMBER
R0368426 OF THE PETITIONER
Exhibit P2 TRUE COPY OF AADHAR CARD OF THE
PETITIONER
Exhibit P3 TRUE COPY OF THE OVERSEAS CITIZEN OF
INDIA CARD OF MR. BASIL SEBASTIAN
Exhibit P4 TRUE COPY OF THE CERTIFICATE OF BIRTH OF
MR. BASIL SEBASTIAN ISSUED BY NEW YORK
STATE DEPARTMENT OF HEALTH
Exhibit P5 TRUE COPY OF PASSPORT BEARING NUMBER.
545232809 OF MR. BASIL SEBASTIAN
Exhibit P6 TRUE COPY OF THE NOTICE OF INTENDED
MARRIAGE DATED 19/12/2023 UNDER SECTION 5
OF SPECIAL MARRIAGE ACT, 1954
Exhibit P7 TRUE COPY OF THE CIRCULAR NO. J3/80/2021-
TAX DATED 26/07/2021 ISSUED BY THE 2ND
RESPONDENT INSPECTOR GENERAL OF
REGISTRATION
Exhibit P8 TRUE COPY OF SINGLE STATUS STATUTORY
DECLARATION DATED 27/12/2023 EXECUTED
BEFORE MR. TONY NINAN, NOTARY PUBLIC,
STATE OF NEW YORK
Exhibit P9 COPY OF JUDGMENT IN PRASYANTH SREENIVASAN
V. SUB REGISTRAR, ALAPPUZHA ( 2018 (3)
KLT 545
Exhibit P10 TRUE COPY OF THE JUDGEMENT DATED
04.01.2019 IN SARANYA R.A VS. STATE OF
KERALA (WP(C) NO. 249/2019)
WP(C) NO. 4779 OF 2024
Exhibit P11 TRUE COPY OF THE JUDGMENT IN JOEL K.
YOYAKKIM VS. THE SUB REGISTRAR WP(C) NO.
3055 OF 2022 DATED 03/02/2022
