IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37822 of 2009(W)
1. RINSON THOMAS, AGED 33 YEARS,
... Petitioner
2. BENCY KALAPPARAMBATH JOSEPH,
Vs
1. STATE OF KERALA,
... Respondent
2. THE MARRIAGE REGISTRAR & SUB REGISTRAR,
For Petitioner :SRI.V.M.KURIAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :01/01/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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WP(C) No. 37822 of 2009
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Dated, this the 1st day of January, 2010
J U D G M E N T
The prayer in this Writ Petition is for issuing a writ of mandamus
directing the 2nd respondent to accept Ext.P3 notice, to solemnize and
register the marriage of the petitioners under the Cochin Christian Civil
Marriage Act (Act 5 of 1095) and to issue certificate of marriage to the
petitioners within the statutory period.
2. The learned Counsel appearing for the petitioners submits with
specific reference to the contents of the Writ Petition that the petitioners are
Christians belonging to the Roman Catholic Syrian denomination and they,
having their place of dwelling in the territories of former Cochin State, they
are entitled to get married under the provisions of the above enactment on
completing the formalities provided under the Act. It is also contended that,
once notice under Section 7 of the Act is tendered, it is the statutory duty of
the Marriage Registrar to act upon it, in accordance with the provisions
contained thereon and to issue the necessary certificate. The learned
counsel, referring to the immediate necessity of the first petitioner to go
back to Australia by 15th of this month in pursuit of his employment, submits
that the action on the part of the 2nd respondent in not accepting Ext.P3
WP(C) No. 37822 of 2009
2
notice is liable to be interfered by this Court. Reliance is also placed on the
decision rendered by this Court under similar circumstances as borne by
Ext.P4 verdict.
3. Learned Government Pleader appearing for the respondents
submits that as per the instructions received, the petitioners have not
approached the 2nd respondent and that they have not filed Ext.P3 notice as
proclaimed. The learned Government Pleader also submits that, if the
petitioners approach the 2nd respondent and file the necessary notice as
contemplated under the relevant provisions of law, along with the
requirements as specified, the same will be considered and will be finalised
in accordance with law without any delay.
4. In the above facts and circumstances, the petitioners are at
liberty to give necessary notice of marriage to the 2nd respondent and if any
notice is submitted, the same shall be accepted and acted upon in
accordance with law and the proceedings shall be finalised issuing the
necessary certificate, if everything is in order, as expeditiously as possible, at
any rate, within three days from the production of the notice as above. The
learned Government Pleader will communicate the position to the 2nd
respondent forthwith.
The Writ Petition is disposed of accordingly.
P. R. RAMACHANDRA MENON
JUDGE
dnc