Kerala High Court
Rexon T Wilson vs State Of Kerala on 14 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:85067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946
WP(C) NO. 39723 OF 2024
PETITIONERS:
1 REXON T WILSON
AGED 31 YEARS, S/O WILSON. A.R,
PERMANENT RESIDENT AT RHYMSON HOUSE, PERAYAM,
MULAVANA P.O, MULAVANA, KOLLAM DISTRICT,
PIN - 691503
2 SUDHA RANI.J
AGED 35 YEARS, D/O JERMIYAS,
PERMANENT RESIDENT AT VILAYILAZHIKATHU VEEDU,
KARIKUZHI, PADAPPAKARA P.O, PERAYAM,
MULAVANA P.O, MULAVANA, KOLLAM DISTRICT,
REPRESENTED THROUGH POWER OF ATTORNEY HOLDER
MISCHEL THOMAS.S. AGED 25 YEARS,
RESIDING AT MULAVILA VEEDU, KUMBALAM.PO.,
MULAVAN, PERAYAM VILAGE, KOLLAM DISTRICT,
PIN - 691503
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF TAXES AND REGISTRATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN - 695001
2 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM DISTRICT,
PIN - 695035
WP(C) NO. 39723 OF 2024
2
2024:KER:85067
3 THE MARRIAGE OFFICER
FOR KOLLAM DISTRICT AND KUNDARA SUB-REGISTRAR,
OFFICE OF THE KUNDARA SUB REGISTRAR, KUNDARA,
NEDUMONKAVU, KOLLAM DISTRICT,
PIN - 691501
SMT. DEEPA NARAYANAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39723 OF 2024
3
2024:KER:85067
JUDGMENT
Dated this the 14th day of November, 2024
The petitioners have submitted a notice of
intended marriage under Section 5 of the Special
Marriage Act, 1954. The 1 st petitioner is in India and the
2nd petitioner is working abroad in Italy. The prayer in
this writ petition is to direct the 3rd respondent to
solemnize the marriage, by the 2 nd petitioner appearing
through power of attorney.
2. Learned Counsel for the petitioner submits
that the issue is no longer res integra in the light of the
Division Bench decision of this Court in Arun R. K. v.
State of Kerala [2023 (2) KHC 391].
3. Learned Government Pleader submits that the
request of the petitioners can be allowed, if all requisite
documents like proof of age, marital status, details
regarding residence, etc. are produced
4. Learned Counsel for the petitioner submits
that his clients will comply with all such requirements.
WP(C) NO. 39723 OF 2024
2024:KER:85067
In cases where it is impossible for one of the
parties to appear personally before the Marriage Officer,
this Court has been permitting solemnisation/registration
of marriage through virtual mode. Being so, the petitioners
are also entitled for similar relief. The writ petition is
hence disposed of with the following directions;
(i) The respondent shall register the petitioners'
marriage without insisting on physical appearance of the 2 nd
petitioner and permitting her to appear through video
conferencing mode at a prescribed time and date. The date
and time shall be intimated to the 1st petitioner in advance.
(ii) At the specified date and time, the 1 st petitioner, the
power of attorney holder of the 2nd petitioner and the
witnesses shall be present before the 3rd respondent.
(iii) The original power of attorney and other requisite
documents in original, shall be produced before the 3 rd
respondent.
(iv) The witnesses shall identify the parties seeking
solemnisation of marriage.
(v) Wherever signature of parties are required, the
authorised Power of Attorney of the 2nd petitioner shall affix
the signature.
(vi) All other formalities, as required by law, shall be
complied with before solemnisation/registration of marriage.
(vii) The 3rd respondent is at liberty to fix the mode of
online platform.
(viii) On solemnisation/registration of marriage, the
WP(C) NO. 39723 OF 2024
2024:KER:85067
Certificate of Marriage shall be issued in the manner
prescribed in Section 13 of the Special Marriage Act.
Sd/-
V.G.ARUN
JUDGE
ARK/sj
WP(C) NO. 39723 OF 2024
2024:KER:85067
APPENDIX OF WP(C) 39723/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY OF THE
2ND PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FOR THE
NOTICE OF INTENDED MARRIAGE IN WRITING IN THE
FORM SPECIFIED IN THE SECOND SCHEDULE
EXHIBIT P3 THE TRUE COPY OF THE ACKNOWLEDGEMENT CUM
RECEIPT FOR SPECIAL MARRIAGE (SECTION 5)
EXHIBIT P4 THE TRUE COPY OF THE EXTRACT OF THE NOTICE OF
THE INTENDED MARRIAGE DOWNLOADED FROM THE
SITE
