Kerala High Court
Rins Mathew vs The State Of Kerala on 18 January, 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 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939
WP(C).No. 26114 of 2017 (L)
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PETITIONER:
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RINS MATHEW,
AGED 32 YEARS, S/O.MATHEW, MAZHUVAMCHERIL HOUSE,
AMALAGIRI, KOTTAYAM-686561.
BY ADV. SRI.M.J.THOMAS
RESPONDENT(S):
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1. THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE INSPECTOR GENERAL OF REGISTRATION
VANCHIYUR, THIRUVANANTHAPURAM-695035.
3. THE SUB REGISTRAR,
REGISTRATION DEPARTMENT, OFFICE OF THE SUB REGISTRAR,
ETTUMANOOR, KOTTAYAM.
BY GOVERNMENT PLEADER SRI S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-08-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 26114 of 2017 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER'S
PASSPORT.
EXHIBIT P2 TRUE COPY OF THE PASSPORT OF BASEENA BABY.
EXHIBIT P3 TRUE COPY OF THE DRIVING LICENSE OF BASEENA BABY
CONTAINING THE ADDRESS OF BASEENA BABY.
EXHIBIT P4 TRUE COPY OF THE DECREE DATED 18-1-2016 IN
OP NO.1268/2013.
EXHIBIT P5 TRUE COPY OF THE NOTICE U/S 5 OF THE SPECIAL MARRIAGE
ACT, 1954.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 2-8-2017 ISSUED BY THE
3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE CIRCULAR DATED 8-8-2014 ISSUED BY 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C)NO.6248 OF 2016
DATED 18-2-2016.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.S.TO JUDGE
K.V.
P.B.SURESH KUMAR, J.
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W.P.(C).No.26114 of 2017-L.
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Dated this the 8th day of August, 2017.
J U D G M E N T
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 and gave 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 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 WP.(C).No.26114/2017-L. 2 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.
Kvs/-
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