Madras High Court
C.T.Dyana vs The Registrar (Marriage) on 6 September, 2011
Author: R.Sudhakar
Bench: R.Sudhakar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/09/2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9530 of 2011 C.T.Dyana ... Petitioner Vs. The Registrar (Marriage), Thiruvattar, Kanyakumari Distirct. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondent to register the marriage solemnized between the petitioner and one Paul Manov on 13.01.2011 as per the Tamil Nadu Registration of Marriages Act, 2009 and the Tamil Nadu Registration of Marriages Rules, 2009, within a time stipulated by this Court. !For Petitioners ... Mr.V.Sasikumar ^For Respondents ... Mr.M.Govindan, Special Govt. Pleader * * * * * :ORDER
This writ petition has been filed by the petitioners for a writ of Mandamus to direct the respondent to register the marriage solemnized between the petitioner and one Paul Manov on 13.01.2011 as per the Tamil Nadu Registration of Marriages Act, 2009 and the Tamil Nadu Registration of Marriages Rules, 2009, within a time stipulated by this Court.
2. Heard Mr.V.Sasikumar, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondent.
3. By consent, the writ petition itself is taken up for final disposal.
4. The petitioner claims that she married one Paul Manov on 13.01.2011 and the marriage was solemnized as per the Indian Christian Marriage Act, 1872. The petitioner wanted to proceed along with her husband to Saudi Arabia and when the petitioner approached the Registering authority as per the Tamil Nadu Registration of Marriages Act, 2009 (Act 21 of 2009), the authority refused to entertain the request for registration. The writ petition has been filed to direct the authority to do so.
5. The learned Special Government Pleader for the respondent submits that the petitioner can seek registration of the marriage by making an application and the Registering authority will consider the same in accordance with law either in terms of the Tamil Nadu Registration of Marriages Act, 2009 (Act 21 of 2009) or under any other relevant provisions of law as may be applicable in the present case.
6. In view of the above, the writ petition is disposed of, directing the petitioner to approach the respondent authority along with a copy of the order of this Court and submit an application for registering the marriage and on the petitioner submitting the application, the same shall be considered in terms of the Tamil Nadu Registration of Marriages Act, 2009 (Act 21 of 2009) or under any other relevant provisions of law as may be applicable. Such exercise shall be done within a period of two weeks from the date of submission of the application by the petitioner.
rsb To:
The Registrar (Marriage), Thiruvattar, Kanyakumari Distirct.