Madras High Court
G.Keerthika vs The Sub Registrar on 13 October, 2022
W.P(MD)No.20555 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.20555 of 2014
G.Keerthika ... Petitioner
Vs.
1.The Sub Registrar,
Office of the Nanguneri Sub-Registrar,
Nanguneri,
Tirunelveli District.
2.The District Registrar,
Office of the District Registrar,
Tirunelveli,
Tirunelveli District.
3.The Deputy Inspector General
for Registration,
Office of the DIG for Registration,
St.Johns Hr. Sec. School - Back side,
Palayamkottai - 627 002,
Tirunelveli District.
4.K.Murali Rajan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the first
respondent to consider the petitioner's representation, dated 20.10.2014,
1/5
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W.P(MD)No.20555 of 2014
to cancel the forged registration and fraudulently registered marriage
certificate SI. No.43 of 2014, dated 23.05.2014, registered in the Sub-
Registrar Office, Nanguneri, Tirunelveli District, based on the petition,
dated 20.10.2014.
For Petitioner : M/s.V.Malaiyendran
For R-1 to R-3 : M/s.K.S.Selvaganesan
Additional Government Pleader
For R-4 : No appearance
ORDER
The present writ petition has been filed seeking a Writ of
Mandamus, directing the first respondent to consider the representation
of the petitioner and to cancel the forged registration of the marriage in
serial No.43 of 2014, dated 23.05.2014.
2. According to the petitioner, she has never entered into any
marriage with the fourth respondent herein. However, by forgery, the
fourth respondent was able to get the marriage registered before the first
respondent herein. The learned Counsel for the petitioner further
submitted that before registration of the said forged certificate, no
marriage was solemnized as per the Hindu law. Hence, the certificate is a
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W.P(MD)No.20555 of 2014
forged one. Based upon the said averments, a representation was given
by the petitioner on 20.10.2014 to cancel the forged registration.
3. The Hon'ble Division Bench of this Court in 2009 (2) MLJ
CRL 607 has held that mere registration of the marriage, without
conducting the ceremonies as contemplated by the personal laws
applicable to the parties, the marriage certificate is invalid. The learned
Single Judge of this Court in a judgment reported in 2014 (2) LW page
985 has followed the said judgment. The Hon'ble Division Bench of our
High Court in a judgment reported in 1995 (2) LW page 95 has held that
mere registration of the marriage is not sufficient to prove the marriage,
unless the marriage has already taken place in accordance with the
personal laws of the parties. Recently, our High Court in a judgment
reported in 2021 (3) LW page 820 has held that such registration of the
marriage, without performing the marriage ceremonies is invalid in the
eye of law and has quashed the marriage certificate. A perusal of the
marriage certificate indicates that even the date on which the marriage
was solemnized has not been mentioned and the marriage invitation
annexed to the registration is also doubtful.
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W.P(MD)No.20555 of 2014
4. In view of the above said facts, the first respondent is directed to
consider the representation of the writ petitioner, dated 20.10.2014, after
giving due opportunity to the petitioner and the fourth respondent herein
and pass orders within a period of twelve (12) weeks from the date of
receipt of a copy of this order. The writ petition stands allowed. There
shall be no order as to costs.
13.10.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The Sub Registrar,
Office of the Nanguneri Sub-Registrar,
Nanguneri,
Tirunelveli District.
2.The District Registrar,
Office of the District Registrar,
Tirunelveli,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20555 of 2014
R.VIJAYAKUMAR, J.
btr
3.The Deputy Inspector General
for Registration,
Office of the DIG for Registration,
St.Johns Hr. Sec. School - Back side,
Palayamkottai - 627 002,
Tirunelveli District.
Order made in
W.P(MD)No.20555 of 2014
13.10.2022
https://www.mhc.tn.gov.in/judis
