Madras High Court
A.Fathima Parveen vs The Sub-Registrar on 13 October, 2022
W.P.No.9256 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.9256 of 2018
A.Fathima Parveen ... Petitioner
Vs
1.The Sub-Registrar,
Office of the Registrar of Marriage,
Mettupalayam, Nilgiris District.
2.M.Yakub Ali ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, to direct the first respondent to issue
certificate of cancellation of marriage based on the decree passed by the District
Munsif-cum-Judicial Magistrate Court, Mettupalayam in O.S.No.311 of 2017
dated 25.01.2018 within a stipulated time.
For Petitioner : No appearance
For Respondents :
For R1 : Mr.E.Sundaram
Government Advocate
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W.P.No.9256 of 2018
ORDER
There is no representation on behalf of the petitioner. The notice on the
private respondent/second respondent, who appears to be the petitioner's
husband has remained unserved as on date. No counter has been filed by the
respondents.
2. The petitioner has filed this Writ Petition for a Mandamus, to direct
the first respondent to issue certificate of cancellation of marriage based on the
decree passed by the District Munsif-cum-Judicial Magistrate Court,
Mettupalayam, Nilgiris District in O.S.No.311 of 2017 dated 25.01.2018 within
a stipulated time.
3. It appears that the petitioner and the private respondent/second
respondent were married and their marriage was solemnized on 29.08.2012 and
subsequently got divorced through Jamath Proceedings on 03.10.2016. For
validating the divorce granted by the Jamathars, the petitioner has filed a
petition before the District Munsif-cum-Judicial Magistrate Court,
Mettupalayam, Nilgiris District, which was allowed on 25.01.2018 in
O.S.No.311 of 2017. Thereafter, the petitioner has sent a representation to the
first respondent the sub-registrar for issuance of Certificate of cancellation of
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W.P.No.9256 of 2018
marriage. However, the first respondent has not issued the Certificate. Hence,
the present writ petition.
4. I have considered the affidavit filed in support of the present writ
petition and the submission of the learned Government Advocate for the
official respondent.
5. The marriage between the petitioner and the private respondent/second
respondent was not a registered marriage before the first respondent, the
sub-registrar. Therefore, the question of registering the cancellation of such
marriage by the official respondent namely the sub registrar does not arise.
6. The Judgment and Decree dated 25.01.2018 passed by the District
Munsif-cum-Judicial Magistrate Court, Mettupalayam, Nilgiris District in
O.S.No.311 of 2017 would suffice. Therefore, there is no merits in the present
writ petition.
C.SARAVANAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.9256 of 2018
arb
7. This Writ Petition is dismissed with the above observations. No costs.
13.10.2022
Index: Yes/No
Speaking/Non-Speaking Order
arb
To
1.The Sub-Registrar,
Office of the Registrar of Marriage,
Mettupalayam, Nilgiris District.
2.The District Munsif-cum-Judicial Magistrate Court,
Mettupalayam, Nilgiris District.
W.P.No.9256 of 2018
https://www.mhc.tn.gov.in/judis
