Kerala High Court
Amrutha T Anil vs The State Of Kerala on 15 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:52246
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 25580 OF 2025
PETITIONERS:
1 AMRUTHA T ANIL
AGED 27 YEARS
D/O ANILKUMAR T.G, THEVAR VEEDU,
VALLITODE, VILAMANA,
KANNUR, PIN - 670706
2 MUHAMMED ASLAM
AGED 29 YEARS
S/O SIDHIK AKBAR, CHEMMANACHALIL HOUSE,
HOUSE NO. 541, WARD NO. 14,
NEAR UC COLLEGE, MARIYAPADI,
ERNAKULAM, PIN - 683102
BY ADVS.
SRI.NEERAJ NARAYAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SMT.SREELAKSHMI J PILLAI
SMT.A.S.SALMA
SRI.SUHAIL MARIKAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REGISTRATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) No.25580 of 2025
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2 THE SPECIAL MARRIAGE OFFICER
SUB REGISTRAR OFFICE, CHENGAMMANADU,
DESOM , ALUVA ,
ERNAKULAM, PIN - 683102
3 THE SPECIAL MARRIAGE OFFICER
SUB REGISTRAR OFFICE,
IRATTY, KANNUR, PIN - 670703
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.25580 of 2025
3
JUDGMENT
Dated this the 15th day of July, 2025
The petitioners are B.Sc Nursing Graduates. They had
completed their graduation from Yenapoya Medical College,
Mangalore in the year 2019. After completing their graduation
both of them worked as Nurses in the Aster Medcity,
Ernakulam and thereafter the 1st petitioner got employment
in London as a Nurse and the 2 nd petitioner is continuing in
Aster Medcity.
2. On 16.05.2025, the petitioners filed Ext.P1
application under Section 5 of the Special Marriage Act, 1954
before the 2nd respondent. As per Ext.P1, the date of
solemnization is fixed as 10.07.2025. While filing Ext.P1
application, the 1st petitioner's Sub Registrar Office has
mistakenly mentioned as Ulikkal Sub Registrar Office instead
of Iratty Sub Registrar Office. When the petitioners came to
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know about the same, the petitioners had corrected the
mistake and intimation was given to the said office. Pointing
out the aforesaid reason, the 2nd respondent is not allowing
the petitioners to solemnise the marriage.
3. In the meanwhile, the 1st petitioner got leave for 10
days and she came to India on 07.07.2025 and took return
ticket for 16.07.2025 The petitioners had compiled all the
statutory mandates stipulated by the Special Marriage Act ,
but the 2nd respondent, pointing a technical reason, is
denyied the solemnization of Marriage, which is illegal and
arbitrary, contend the petitioners.
4. I have heard the learned counsel for the petitioners
and the learned Government Pleader representing the
respondents.
5. Government Pleader submits that due to wrong
mentioning of Sub Registrar Officer as Ulikkal instead of Iratty,
corrections had to be made and publication in the Sub
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Registrar Office, Iratty could be made only on 24.06.2025.
Therefore, the marriage can be solemnized only after 30 days
therefrom, i.e. on or after 24.07.2025. In view of the law laid
down by this Court and the Apex Court in a number of
decisions, no relaxation can be granted in the matter of 30
days period.
6. The facts in this case would indicate that the
petitioners had submitted application on 16.05.2025 itself as
per Ext.P1. The petitioners indicated 10.07.2025 as
convenient date for marriage. Unfortunately, jurisdictional Sub
Registrar Office in respect of the 1st petitioner was shown as
Ulikkal Sub Registrar Office, whereas the actual territorial
jurisdiction vested with Iratty Sub Registrar Office. The said
mistake was corrected on 23.06.2025 and intimation was sent
to the Iratty, Sub Registrar Office on 24.06.2025, on which
date itself publication has been made. Now, the marriage can
be solemnized only on 24.07.2025.
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7. The issue faced by the petitioners is that the 1 st
petitioner has to leave India on 16.07.2025 to go to UK, where
she is employed as a Nurse. In the circumstances, the
petitioners request that orders may be issued to register the
marriage tomorrow itself.
8. Going by the provisions of the Special Marriage
Act, 1954 and the precedents laid down by this Court, such
relaxation cannot be granted by this Court. However, this
Court in exceptional circumstances has permitted the parties
to solemnize the marriage online. I think such a facility can be
granted to the petitioners also, in view of the peculiar facts of
this case.
In the facts of the case, the writ petition is disposed of
directing the 2nd respondent to solemnize the marriage of the
petitioners on any date after 24.07.2025. The 1 st petitioner
shall be permitted to appear for the solemnization online. The
2nd petitioner may appear in person before the 2 nd respondent.
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The 1st petitioner shall give a Power of Attorney to a local
friend in order to complete the procedure of solemnization of
marriage on behalf of the 1st petitioner. The Marriage
Certificate should be issued soon after solemnization of
marriage.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:52246
APPENDIX OF WP(C) 25580/2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
16.05.2025 ALONG WITH THE PAYMENT
RECEIPT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF
PASS PORT AND TICKET
