Kerala High Court
Vilton V.Andrew vs State Of Kerala on 11 August, 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
FRIDAY, THE 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938
WP(C).No. 29342 of 2016 (P)
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PETITIONER:
VILTON V.ANDREW,
AGED 32 YEARS, S/O. SRI.SUNNY,
RESIDING AT NJANACKAL HOUSE,
CHERIYA KADAVU, KANNAMALY P.O.,
ERNAKULAM-682 008.
BY ADVS.SRI.C.S.DIAS
SRI.N.K.SUBRAMANIAN
SMT.B.BINDU
SMT.GLORY THARAKAN
RESPONDENTS:
1. STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. INSPECTOR GENERAL,
OFFICE OF THE INSPECTOR GENERAL & REGISTRATION,
VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 035.
3. MARRIAGE OFFICER, SUB REGISTRAR'S OFFICE,
MATTANCHERRY, KOCHI-682 002.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 29342 of 2016 (P)
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PETITIONER'S PASSPORT BEARING NO.J7448490.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF REBECA MINGORANCE
MARRAFA'S PASSPORT BEARING NO.PAA963240 ISSUED BY THE
GOVERNMENT OF SPAIN.
EXHIBIT P3 TRUE COPY OF PROOF IDENTITY AND CIVIL STATUS
CERTIFICATE DATED 11.8.2016 ISSUED BY CIVIL REGISTRY OF MALAGA,
MINISTRY OF JUSTICE, CIVIL REGISTRIES, SPAIN.
EXHIBIT P3(a) TRUE ENGLISH TRANSLATION OF EXT.P3
EXHIBIT P4 TRUE COPY OF CIRCULAR DATED 8.8.2014 ALONG WITH THE
RELIED EARLIER CIRCULARS ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 9.11.2015 PASSED BY THIS
HON'BLE COURT IN WPC NO.33780/2015.
RESPONDENT'S EXHIBITS: NIL.
/TRUE COPY/
P.S. TO JUDGE
P.B.Suresh Kumar, J.
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W.P.(C)No.29342 of 2016 P
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Dated this the 2nd day of September, 2016
JUDGMENT
The petitioner, a citizen of India, intends to marry a foreign national. The case of the petitioner is that the Marriage Officer concerned under the Special Marriage Act is refusing to register the intended marriage.
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 W.P.(C)No.29378/2015 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:
WPC 29342/16 2
i. The third respondent shall receive the notice of marriage under the Special Marriage Act from the petitioner.
ii. The marriage shall be registered on the expiry of thirty days from the date of notice in accordance with the provisions of the Special Marriage Act. iii. 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.
P.B.Suresh Kumar, Judge tkv