Tojo Varghese vs State Of Kerala on 14 August, 2008

Kerala High Court
Tojo Varghese vs State Of Kerala on 14 August, 2008
       

  

  

 
 
  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

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