Madras High Court

Sabitha C.V vs The District Registrar on 7 October, 2021

                                                                              W.P.No.19754 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.10.2021

                                                          CORAM

                          THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                                     W.P.No.19754 of 2021

                     Sabitha C.V.                                                   ... Petitioner

                                                             Vs.

                     The District Registrar,
                     District Registrar Office,
                     Jayakondam Road,
                     MIN Nagar,
                     Ariyalur - 621 704.                                          ... Respondent



                     Prayer: Writ Petition filed under Article 226 of Constitution of India,

                     praying for issuance of a Writ of Mandamus, to direct the respondent to

                     accept our marriage registration application and issuing a marriage

                     registration certificate to the petitioner and take necessary action on the

                     petitioner representation dated 01.08.2021.



                                    For Petitioner        : Mr.K.Gangadaran

                                    For Respondent       : Mr.Yogesh Kannadasan
                                                           Government Advocate

https://www.mhc.tn.gov.in/judis/
                     1/10
                                                                               W.P.No.19754 of 2021


                                                        ORDER

This writ petition has been filed for a mandamus to direct the

respondent to accept their marriage registration application and seeking

for issuance of a marriage registration certificate to the petitioner and to

take necessary action on the petitioner's representation dated 01.08.2021.

2.The case of the petitioner is that the marriage was solemnized

between herself and her husband viz., Tr.Stalin on 25.04.2021 at

Arulmigu Pachiyamman Temple, Sannasi Nallur Village, Ariyalur Taluk

and District with blessings of both parents, elders and relative in a simple

manner due to COVID-19 pandemic situation.

3.The petitioner submits that after few days from the marriage her

husband went to South Korea due to his urgent official purpose and

hence, they are not able to register the marriage as per procedure.

4.According to the petitioner, at present her husband cannot take

leave as there is no leave facility available to him and her husband has

issued an Authorization Letter to his parents and authorized them to

present before the Registrar Office for the purpose of their marriage on

https://www.mhc.tn.gov.in/judis/

W.P.No.19754 of 2021

behalf of him.

5.The petitioner submits that she can only get the visa to go to

South Korea if the marriage is registered and if marriage registration

certificate is issued by the respondent.

6.The petitioner further submits that she is ready to appear before

the Registering Authority with her parents along with two witnesses in

person and her husband also ready to appear before the Registering

Authority through Video Conferencing or any other on-line

communication system and she has also submitted the marriage

registration application along with necessary documents before the

respondent.

7.According to the petitioner, she sent a representation to the

respondent on 01.08.2021 with necessary documents such as marriage

invitation, marriage photographs, certificate issued by the Village

Administrative Officer, photocopy of family card, photocopy of her

Aadhar card, photocopy of her husband's Aadhar card, photocopy of

https://www.mhc.tn.gov.in/judis/

W.P.No.19754 of 2021

South Korea Residential ID Proof of her husband and original copy of

Authorization Letter issued by her husband and stated all the above said

facts and requested the respondent to register their marriage, but, the

respondent has not taken any action on her representation till date.

8.In support of her contentions, she relied upon a judgment of the

Hon'ble High Court of Kerala in the case of T.K. Mathew Vs. The

Secretary & Registrar of Marriages, Thalavady Grama Panchayat,

Alapuzha & Another reported in CDJ 2020 Ker HC 787. The relevant

paragraphs of the aforesaid judgment is extracted hereunder:

(i) The 1st respondent Registrar of Marriages/Secretary of the Grama Panchayat will act upon the application already submitted by the above said couple on 6.1.2020 for registration of their solemnized marriage and the factual aspects in that regard may be immediately ascertained. The petitioner will provide video conferencing facility to enable the 1st respondent Registrar to interact with the above said couple to ascertain the factum of the solemnization of the marriage and also as to whether they have authorised the petitioner and his wife to be the signatories in the marriage register for and on behalf of the said couple.

(ii) The petitioner will file an affidavit stating that he has been fully authorised by the bride groom, to sign the marriage register for and on behalf of the bride groom and the petitioner's wife will also file a separate affidavit to the effect that she has been duly authorised by the bride https://www.mhc.tn.gov.in/judis/

W.P.No.19754 of 2021

to sign the marriage register for and on behalf of the bride.

(iii) If it is ascertained that the petitioner herein and his wife (who are the parents of the bride groom) have been authorised by the said couple to sign the marriage register for and on behalf of the bride groom and the bride respectively, then after completing the necessary formalities, the 1st respondent will permit the petitioner herein to sign in the marriage register for and on behalf of the bride groom and the petitioner's wife should be permitted to sign the marriage register for and on behalf of the bride.

(iv) Thereafter, the 1st respondent will forthwith issue the certificate of the registration of the marriage to the petitioner herein regarding the factum of the solemnization of the marriage of the above said couple.

(v) Further it is ordered that the 1st respondent will ensure that the column immediately after the column, which has been signed by the petitioner and his wife in the marriage register, shall be left blank and registration of the further marriages should be endorsed and entered only in the column subsequent to the said vacant space in the marriage register. It is further ordered that the above said couple, shall personally appear before the 1st respondent Registrar and shall personally sign in the vacant column of the said marriage register within a period of 10 months from the date of issuance of the marriage certificate as afore stated. In case the above said couple do not comply with the above said directions and they do not personally appear and sign in the marriage register before the 1st respondent within the said outer time limit of 10 months from the issuance of the above said marriage certificate, then the 1st respondent Registrar will be at liberty to issue notice to the petitioner herein and give opportunity to the couple to personally report before him within a short time as may be given by

https://www.mhc.tn.gov.in/judis/

W.P.No.19754 of 2021

the 1st respondent and still if the couple does not comply the said direction, then the 1st respondent Registrar will be at liberty to take steps to revoke the said registration and consequently to revoke the certificate of marriage so given. Thereupon the couple will be liable to surrender the original of such certificate of marriage to the 1st respondent Registrar. But such action of the 1st respondent will be without prejudice to the right of the couple to subsequently approach the 1st respondent to seek for fresh registration of the solemnized marriage in accordance with the Rules. But in such an eventuality they will have to personally appear and sign in the marriage register.

(vi) The petitioner will ensure that the above said affidavits as well as video conferencing facility is provided without any further delay.

(x) The petitioner will produce a certified copy of the judgment along with the copy of the memorandum of the WP(c) with all the exhibits before the 1st respondent Registrar of Marriages for necessary information and further action.

With these observations and directions the above Writ Petition (Civil) will stand finally disposed of.

9.The petitioner submits that there is no any other alternative steps

to get the visa except to submitting their marriage registration certificate

and it is only an evidential proof to prove that she is a spouse to her

husband.

10.The petitioner has no other alternative remedy except to

https://www.mhc.tn.gov.in/judis/

W.P.No.19754 of 2021

approach this Court under Article 226 of the Constitution of India.

Hence, the writ petition filed.

11.Heard, learned counsel for the petitioner and learned

Government Advocate for the respondent and perused the materials

available on record.

12.The learned Government Advocate for the respondent has

produced a copy of the report of the District Registrar (Admin), Ariyalur

is extracted hereunder:

khtl;lg;gjpthshpd; mwpf;if

mhpaYhh; khtl;lk;, nre;Jiw tl;lk;, rd;dhrp ey;Yhh; fpuhkj;jpy; jpU.];lhypd; kw;Wk; jpUkjp.rgpjh

MfpNahh;fsJ jpUkzk; 25.04.2021 md;W Nkw;gb fpuhkj;jpy; mike;Js;s mUs;kpF = gr;irak;kd;