Kerala High Court
Mary Nisha Alexander vs The Marriage Officer on 31 March, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 9TH DAY OF MAY 2017/19TH VAISAKHA, 1939
WP(C).No. 15149 of 2017 (P)
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PETITIONERS:
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MARY NISHA ALEXANDER,
AGED 34 YEARS, D/O.T.J. ALEXANDER,
RESIDING AT THAREPRAMBIL HOUSE,
BISHOP GARDEN, PATTALAM,
FORT KOCHI, PIN-682 001,
(HOLDER OF INDIAN PASSPORT NO.L 7146546).
BY ADV. SRI.T.M.RAMAN KARTHA.
RESPONDENT:
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THE MARRIAGE OFFICER, ALANGAD,
(UNDER THE SPECIAL MARRIAGE ACT,)
OFFICE OF THE MARRIAGE OFFICER, KOCHI,
(OFFICE OF THE SUB REGISTRAR, KOCHI).
BY GOVT. PLEADER SMT.RAJI T.BHASKAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-05-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 15149 of 2017 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF JUDGMENT IN OP NO.1377/2015 OF THE
FAMILY COURT ERNAKULAM DATED 31.03.2016.
EXHIBIT P1(A) A TRUE COPY OF THE JUDGEMENT OF THE COURT OF QUEENS
BENCH OF ALBERTA, CANADA DT.01.03.2017 GRANTING DIVORCE
TO MR.JINOY KUNJAVARA KANNAMPILLY,THE BRIDEGROOM IN
EXT.P2.
EXHIBIT P2 A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE UNDER
THE SPECIAL MARRIAGE ACT, 1954 AS DOWNLOADED FROM THE
INTERNET WITH ACKNOWLEDGMENT DATED 22.04.2017.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
ANU SIVARAMAN, J.
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W.P.(C) No.15149 of 2017
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Dated this the 9th day of May, 2017
J U D G M E N T
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. This Court, in identical cases, 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:
i) The 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. W.P.(C) No.15149/2017 2
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.
Sd/-
ANU SIVARAMAN JUDGE smp