IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 24589 of 2008(B) 1. TOJO VARGHESE, S/O.P.T.VARGHESE, ... Petitioner 2. FERNANDEZ AGNES CHERYL Vs 1. STATE OF KERALA, REP. BY ITS SECRETARY ... Respondent 2. SUB DIVISIONAL MAGISTRATE, For Petitioner :SRI.JOSE TOM C. KANDATHIL For Respondent : No Appearance The Hon'ble MR. Justice S.SIRI JAGAN Dated :14/08/2008 O R D E R S.SIRI JAGAN, J ================== W.P(C)No.24589 of 2008 ================== Dated this the 14th day of August, 2008. J U D G M E N T
The petitioners are desirous of having their marriage
solemnized and registered under the Cochin Christian Civil
Marriage Act, 1095. The petitioners have submitted Ext.P1
notice of marriage. Their grievance is that the 2nd
respondent, who is presently exercising the functions of the
marriage officer under the Act, is not accepting the notice
and processing the same in accordance with the Act. The
petitioners therefore seek the following relief:
“Issue a writ of mandamus, order or direction in the
nature thereof directing the second respondent to accept
Exhibit P1 notice tendered by the petitioners and to
register their marriage under the Cochin Christian Civil
Marriage Act and issue certificate of marriage to them
accordingly.”
2. I have heard the learned Government Pleader
appearing for the respondents also.
This Court has already held that residents of the
erstwhile Cochin area can still get their marriage
W.P(C)No.24589 of 2008 – 2 –
solemnized and registered under the Cochin Christian Civil
Marriage Act. Therefore, the 2nd respondent has a duty to
accept Ext.P1 notice submitted by the petitioners and to
process the same in accordance with the Cochin Christian
Civil Marriage Act. Therefore, I dispose of this writ petition
with a direction to the 2nd respondent to accept the original
of Ext.P1 notice and to process the same in accordance with
provisions of the Cochin Christian Civil Marriage Act, as
expeditiously as possible, at any rate, within seven days
from the date of receipt of a copy of this judgment.
S.SIRI JAGAN, JUDGE
rhs