Kerala High Court
Vimal Babu K vs State Of Kerala on 19 July, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938
WP(C).No. 23960 of 2016 (T)
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PETITIONER:
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VIMAL BABU K., S/O.GOVINDRAJ,
AGED 43 YEARS, KOLLANKANDY HOUSE,
P.O.VADAKKUMBAD, THALASSERY,
KANNUR-670 105.
BY ADVS.SRI.K.S.PRAVEEN,
SMT.P.SHEEBA.
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
THIRUVANANTHAPURAM-686 008.
2. INSPECTOR GENERAL OF REGISTRATION,
O/O. THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM.
3. THE SUB REGISTRAR,
OFFICE OF SUB REGISTRAR,
THALASSERY.
BY GOVT. PLEADER SRI.GIKKU JACOB.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 23960 of 2016 (T)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBITS P1 COPY OF THE NOTICE OF INTENDED MARRIAGE UNDER
SECTION 5 OF SPECIAL MARRIAGE ACT DTD 07/07/2016
SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBITS P2 COPY OF THE CERTIFICATE SHOWING THE SINGLE STATUS OF
THE WOMAN, CATHY ZARAGOSA LATUMBO ISSUED BY THE
NATIONAL STATISTICIAN AND CIVIL REGISTRAR GENERAL,
PHILIPPINERS STATISTICS AUTHORITY AUTHENTICATED BY
THE DEPARTMENT OF FOREIGN AFFAIRS, PHILIPPINERS.
EXHIBITS P3 COPY OF THE PASSPORT ISSUED FOR TRAVELING ABROAD
TO CATHY LATUMBO ZARAGOSA BY THE REPUBLIC OF
PHILIPPINES.
EXHIBITS P4 COPY OF THE COMMUNICATION DTD 07/07/2016 ISSUED BY
THE 3RD RESPONDENT REJECTING EXT P1 NOTICE OF
MARRIAGE OF THE PETITIONER.
EXHIBITS P5 COPY OF THE CIRCULAR NO.RR-6-23638/2014 DTD 21/10/2014
ISSUED BY THE 2ND RESPONDENT.
EXHIBITS P6 COPY OF THE JUDGMENT IN WP(C).NO.24086/2014
DTD 18/09/2014 OF THIS HON'BLE COURT.
EXHIBITS P7 COPY OF THE JUDGMENT IN WP(C).NO.19525/2016
DTD 07/06/2016 OF THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.B.SURESH KUMAR, J.
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W.P.(C)No.23960 of 2016
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Dated this the 19th day of July, 2016
JUDGMENT
The petitioner, a citizen of India, intends to marry a foreign national. Though he has approached the Marriage Officer concerned under the Special Marriage Act with Ext.P1 notice of the intended marriage, the Marriage Officer refused to accept the notice, submits the petitioner.
2. Identical cases have come up before this Court earlier, wherein, this Court has taken the view that there is no impediment for an Indian citizen to marry a foreign national under the Special Marriage Act. The judgment rendered by this Court in WP(C) No.29378 of 2015 is one of such cases. In the light of the judgment in the said case and other cases, I deem it appropriate to dispose of the writ petition as follows:
i. The third respondent shall receive notice of marriage under the W.P.(C)No.23960 of 2016 2 Special Marriage Act from the petitioner. ii. The date of notice has to be reckoned as today. iii.The marriage shall be registered on the expiry of 30 days from today in accordance with the provisions of the Special Marriage Act.
iv.The petitioner shall, before the registration of the marriage, produce necessary documents before the Marriage Officer to satisfy him the single status of the person with whom the marriage is proposed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
smm