Kerala High Court
Suraj Johney vs State Of Kerala on 4 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.38581 of 2025 ' 2026: KER: 9982 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 4'4 pay OF FEBRUARY 2026 / 15TH MAGHA, 1947 WP(C) NO. 38581 OF 2025 PETITIONER(S): t SURAJ JOHNEY AGED 32 YEARS, S/O JOHNEY E.M, RESIDING AT 1026 STAINTON DRIVE, MISSISSAUGA, ON, CANADA, REPRESENTED BY HIS POWER OF ATTORNEY, JOHNEY E.M, AGED 64 YEARS, S/O MATHEW E.D, RESIDING AT EATTATHOTTU HOUSE, ' CHANDAKKUNNU P.O, MAYYANTHANI, NILAMBUR, MALAPPURAM DISTRICT., PIN - 679329 BY ADVS. SHRI.BABY THOMAS SHRI .JOBY JOSEPH SRI.INDRAJITH S KAIMAL SHRI .K.K.MOHANDAS SHRI.ALBERTHOVE FRANCIS.M.G. SMT.EHLAS HALEEMA C.K. RESPONDENT(S): 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 LOCAL REGISTRAR OF MARRIAGES (COMMON) NILAMBUR MUNICIPALITY, NILAMBUR P.O., MANALODY, MALAPPURAM DISTRICT, PIN - 679329 ADDL.R3. MINU MARIYA THOMAS, AGED 32 YEARS, D/O. THOMAS SEBASTIAN, VAZHAYIL HOUSE, ARUVITHURA P.O., KONDOOR, PIN 686122 [IS IMPLEADED AS PER ORDER DATED 26.11.2025 IN I.A.2/2025 IN WP (C)38581/2025]. W.P.(C) No.38581 of 2025 2026: KER: 9982 BY ADVS. SMT.PREETHA K K,GP, SRI. I.V.PRAMOD,SC SHRI.FRINSO MATHEW SHRI.RIYAD C.I. SHRI.SERIN K.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.38581 of 2025 2026: KER: 9982 P.V.KUNHIKRISHNAN, J. Dated this the 04° day of February, 2026 JUDGMENT
The above writ petition is filed with the following prayers:
"1, To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to accept Exhibit P6 application and register/record Exhibit P4 Certificate of divorce in the Register maintained by him and to issue a certificate to that effect, within a time frame as stipulated by this Hon'ble Court;
Il. To grant such other and further relief as this Hon'ble court may deem fit and proper in the interest of justice.
Ill. To dispense with the production of English translation of Malayalam documents produced as Exhibits." (SIC)
2. When this writ petition came up for consideration, the matter was referred for mediation. Now, the mediation centre submitted a report stating that the matter is settled and a memorandum of settlement agreement sighed by both sides is produced. The counsel appearing for the Addl. 3™ respondent submitted that the W.P.(C) No.38581 of 2025 2026: KER: 9982 3™ respondent has no grievance in entering the details in the marriage register. If that be the case, this writ petition can be disposed of.
Therefore, this Writ Petition is disposed of with the following directions:
1.° The 2™ respondent is directed to accept Ext.P6 application and record Ext.P4 Certificate of Divorce in the register maintained by him and issue a certificate to that effect to the petitioner and the Addl. 3 respondent, within a period of three weeks from the date of receipt of the application.
2. The Memorandum of Settlement signed by both the parties will be part of this judgment.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE .
nv] Judgment reserved NA Date of Judgment 04.02.2026 Judgment dictated 04.02.2026 Draft Judgment placed 05.02.2026 Final Judgment uploaded 07 .02.2026 & he BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 38581 of 2025 Suraj Johney : Petitioner Vs. State of Kerala & Others: Respondent REPORT SUBMITTED BY THE MEDIATOR Mediated. The matter is settled. Settlement Agreement is attached herewith. Dated this the 23™ day of December, 2025 eye os Adv. C.R fayakumar Mediator High Court Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 38581 of 2025 Suraj Johney : Petitioner Vs. State of Kerala & Others : Respondent MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Both the Power of Attorney Holder of the Pétitioner (fiereit after called'as POH) and 'the 3™ respondent are present and voluntarily agreed to amicably settle the dispute on the following terms and conditions.
1.The 3 respondent has received Rs.2.5 lakhs by way of RTGS transfer to the account maintained 'by the '3™ respondent in Kodak Mahindra Bank, Pala Branch on 23/12/2025 has full and final settlement and the 3% respondent agreed that she will not raise any claim or compensation or dispute before any Court of law of any other forum or authority with respect to the marriage between the original petitioner and the 3" respondent.
2.The 3" respondent had' received' ten items of gold' ornaments which was adorned'at the time of marriage and was securely kept in a Locker at Canara Bank, Nilambur Branch under the joint operation of the original petitioner, POH and the respondent. Signed list of gold ornaments with both parties.
'3°The 3" respondent returned following gold ornaments to the POH; 'Thali, a Thali chain and a Ring, which was adorned to the 3™ respondent by the original petitioner at the time of marriage and the POH received the said gold ornaments. Petitioner | Addl.Respondgnt No.3 t Suraj Joliney, Rep. by Power of Attorney Minu Mari Holder,Johney E.M % te (2)
4.The POH returned the Wedding Ring adorned to the original petitioner by the 3™ respondent at the time of marriage and the 3" respondent received the said Wedding Ring.
5.The 3™ respondent had voluntarily granted consent in the registration of Exhibit P4 Certificate of Divorce before the 2"? respondent and shall not raise any appeals or application before any appellate authorities nor challenge the same any manner.
6.The 3 respondent grant consent for Canadian Divorce Order and shall not object in any manmner.
7. The POH and the 3° respondent shall not raise any claims or compensation or disputes in future against each other with respect to the marriage between the original petitioner and the 3™ respondent, which was registered as Exhibit P2. Marriage Certificate.
8.Both parties agreed to destroy the available personal photos and videos and shall not publish in any platform, Social Media like Facebook, Instagram, Whattsapp, etc and any action contrary to the above, the other party is liable to compensate the opposite party.
9.The Respondents 1 & 2 are only formal parties and not signed to this settlement agreement.
Dated this the 23rd'day of December, 2025 Petitioner Addl.Respondent No.3 Suraj Johney, Rep. by Power of Attorney Minu Mariya Thomas Holder,Johney E.M ° Counsel for the Petitioner Wee Josepy & 1 Jeter C.R.Jayakumar (Mediator) W.P.(C) No.38581 of 2025 + 2026: KER:9982 APPENDIX OF WP(C) NO. 38581 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE CANADIAN PASSPORT ISSUED TO THE PETITIONER BEARING NO. P620493BI DATED 29.11.2024.
Exhibit P2 A TRUE COPY CERTIFICATE OF MARRIAGE DATED 30.03.2025 ISSUED UNDER RULE 41(1) OF THE KERALA REGISTRATION OF MARRIAGES (COMMON) RULES, 2008. Exhibit P3 A TRUE COPY OF THE ORDER OF DIVORCE PASSED BY THE SUPERIOR COURT OF JUSTICE, 7755 HURANTARIO STREET, BRAMPTON, L6W 4176, CANADA DATED 16.07.2025.
Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF DIVORCE PASSED BY THE SUPERIOR COURT OF JUSTICE, 7755 HURANTARIO STREET, BRAMPTON, L6w 476, CANADA DATED 19.08.2025.
Exhibit P5 A TRUE COPY OF THE CIRCULAR ISSUED BY THE CONSULTANT GENERAL OF INDIA DATED 05.09.2024.
Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 25.09.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 21.10.2020 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 3607/2020.