Kerala High Court
Aiswarya Anil Kumar vs State Of Kerala on 15 September, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
WP(C) NO. 27852 OF 2022
PETITIONER:
AISWARYA ANIL KUMAR, AGED 27 YEARS
D/O.PUTHOOR ANIL KUMAR, SHIVAISWARYA, 48C WARD V,
MARANA ROAD, EROOR NORTH P.O, TRIPUNITHURA,
ERNAKULAM DISTRICT, PIN -682306,
PRESENTLY RESIDING AT CLUSTER, 56, ROOM B,
QUEENSLAND PLACE, 2 CHATHAM PLACE,
LIVERPOOL, ENGLAND. PIN- L73AA,
REPRESENTED BY POWER OF ATTORNEY BEENA ANIL KUMAR,
AGED 54 YEARS, W/O.PUTHOOR ANIL KUMAR, SHIVAISWARYA,
48C WARD V, MARANA ROAD, EROOR NORTH P.O,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN- 682306.
BY ADVS.
T.R.HARIKUMAR
ADITHYA RAJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN- 695 001.
2 THE DISTRICT REGISTRAR,
ERNAKULAM, OFFICE OF THE DISTRICT SUB REGISTRAR,
ERNAKULAM DISTRICT, PIN-682 016.
3 THE SUB REGISTRAR,
(MARRIAGE OFFICER UNDER THE SPECIAL MARRIAGE ACT),
OFFICE OF THE SUB REGISTRAR, TRIPUNITHURA,
ERNAKULAM DISTRICT, PIN-682 301.
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.27852 OF 2022
2
JUDGMENT
Dated this the 15th day of September, 2022 The petitioner, who is an Indian Citizen currently pursuing MSc Health Data Science at the University of Liverpool. The petitioner decided to marry Mr.Rony Lizzy Sunny, who is residing at Manikonda, Rangareddy, Telengana District.
2. The petitioner submitted a Notice of Intended Marriage before the 3rd respondent for the purpose of solemnising her marriage with Mr.Rony Lizzy Sunny. As per Ext.P7, the petitioner would be eligible to get her marriage solemnised only after 19.09.2022. The petitioner would be unable to return to India during the said period.
3. The petitioner states that her parents approached the 3rd respondent seeking to waive the 30 days period WP(C) NO.27852 OF 2022 3 prescribed in Ext.P7 to facilitate the registration of marriage immediately. However, the petitioner's parents were informed that the notice period cannot be waived in view of Sections 6 and 7 of the Special Marriage Act, 1954.
4. The petitioner contends that the Hon'ble High Court of Allahabad in Smt.Safiya Sultana through husband Abhishek Kumar Pandey and another v. State of Uttar Pradesh through Secretary Home, Lucknow and others has held that interpretation of Sections 6 and 7 read with Section 46 containing the procedure of publication of notice and inviting objections to the intended marriage in the Special Marriage Act has to be read in such a way that it would help the fundamental rights and not violate the same. In view of the said judgment, the respondents are bound to waive the notice period. The petitioner also relied on the judgment of the Apex Court in Shafin Jahan v. Ashokan K.M and others WP(C) NO.27852 OF 2022 4 [(2018) 16 SCC 368] and K.S Puttuswamy v. Union of India [(2017) 10 SCC 1] to contend that unless the notice period is waived, the fundamental right of the petitioner would be violated.
5. Government Pleader resisted the writ petition and submitted that the notice period prescribed in the Special Marriage Act cannot be waived and a Bench of this Court has held in WP(C) No.3421/2021 that the notice period cannot be waived.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
7. This Court considered the issue of waiving of notice period under the Special Marriage Act and held in the judgment in WP(C) No.3421/2021 as follows:-
Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to WP(C) NO.27852 OF 2022 5 permit marriage in digital form, especially when penal consequences are provided in the Act. Therefore the relief prayed for by the petitioner cannot be granted.
In view of the law laid down by this Court, I find no merit in the writ petition and the writ petition is dismissed.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO.27852 OF 2022 6 APPENDIX OF WP(C) 27852/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER ISSUED ON 29-08-2013.
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE RESIDENCE PERMIT ISSUED TO THE PETITIONER.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF MR. RONY LIZZY. Exhibit P4 A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE DATED 30-04-2022 SUBMITTED BY THE PETITIONER AND MR. RONY LIZZY. Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGMENT FOR SOLEMNISATION OF MARRIAGE ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE DATED 19-08-2022 SUBMITTED BY THE PETITIONER AND MR. RONY LIZZY. Exhibit P7 A TRUE COPY OF THE ACKNOWLEDGMENT FOR SOLEMNISATION OF MARRIAGE ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL