High Court Kerala High Court

Bincy Binu vs Sub Registrar on 1 April, 2009

Kerala High Court
Bincy Binu vs Sub Registrar on 1 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9952 of 2009(L)


1. BINCY BINU, AGED 31 YEARS,AKKETTU HOUSE,
                      ...  Petitioner

                        Vs



1. SUB REGISTRAR,SUB REGISTRAR OFFICE,
                       ...       Respondent

2. I.G.OF REGISTRATION, VANCHIYOOR,

                For Petitioner  :SMT.P.K.RADHIKA

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/04/2009

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                  W.P.(C) NO. 9952 OF 2009 (L)
                 =====================

             Dated this the 1st day of April, 2009

                          J U D G M E N T

The prayer sought in this writ petition is to direct the 1st

respondent to register the petitioner’s marriage with a Srilankan

citizen. However, from the statement filed by the 1st respondent,

it would appear that the petitioner along with one Mohammed

Riyal of Colombo presented in his office with a notice of intended

marriage under Section 5 of the Special Marriage Act on

24/11/2008. It is stated that as required under the Act, the notice

was published, but, however during the currency of the notice,

petitioner and Sri.Mohammed Riyal did not appear to get the

marriage registered.

2. Now that there is nothing to show the said averment in

the statement to be incorrect, since the notice period has now

expired, the only course open to the petitioner is to give fresh

notice, in which event, the 1st respondent shall take steps for the

registration of the marriage in accordance with law.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp