Kerala High Court
Shihabudeen T.M vs Sub Registrar And Marriage Officer on 9 April, 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
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
WP(C).No. 18288 of 2016 (I)
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PETITIONER(S) :
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1. SHIHABUDEEN T.M., (INDIAN PASSPORT NO. K 1055366)
S/O. MUSTHAFA T.A., AGED 44,
RESIDING AT 14/1620, KARUVILIPPADY,KOCHI.
2. HALUK JOANNA CATHRINA, (FRENCH PASSPORT NO. 12DCO1786)
D/O. HULAK STANISLAS, AGED 38,
HAVING PERMANENT ADDRESS AT 41,
RUE D ANTIN,
LILLE, LILLE NORD, FRANCE
PRESENTLY RESIDING AT 14/1620,
KARUVILIPPADY,KOCHI.
BY ADVS.SRI.V.AJAKUMAR
SRI.T.M.CHANDRAN
SRI.SIDHARTH A. MENON
RESPONDENT :
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SUB REGISTRAR AND MARRIAGE OFFICER
KOCHI SUB REGISTRAR'S OFFICE,
MATTANCHERY P.O., PIN- 682 002.
BY GOVT. PLEADER SRI. GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26-05-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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...2/-
WP(C).No. 18288 of 2016 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT. P1 TRUE COPY OF INDIAN PASSPORT NO. K 1055366 OF THE 1ST
PETITIONER.
EXT. P2 TRUE PHOTOCOPY OF THE FRENCH PASSPORT NO. 12DC01786 OF
2ND PETITIONER.
EXT. P3 TRUE COPY OF THE APPLICATION FOR NOTICE OF MARRIAGE DATED
9/4/2016 MADE BY THE PETITIONERS.
EXT. P4 TRUE COPY OF THE INTIMATION LETTER DATED 10/4/2016 ISSUED BY
THE DEPARTMENT OF REGISTRATION, KERALA.
EXT. P5 TRUE COPY OF THE CERTIFICATE OF RESIDENCE ISSUED TO THE
2ND PETITIONER DATED 6/1/2016.
EXT. P5(a) TRUE COPY OF THE TRANSLATION IF CERTIFICATE OF RESIDENCE
DATED 29/1/2016.
EXT. P6 TRUE COPY OF THE CELIBACY CERTIFICATE ISSUED TO THE 2ND
PETITIONER DATED 13/1/2016.
EXT. P6(a) TRUE COPY OF THE ENGLISH TRANSLATION OF THE CELIBACY
CERTIFICATE ISSUED TO THE 2ND PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.S. TO JUDGE
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P.B.SURESH KUMAR, J.
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W.P.(C) No.18288 of 2016
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Dated 26th May, 2016.
J U D G M E N T
The first petitioner, a citizen of India, intends to marry the second petitioner, a foreign national. Though the petitioners have approached the Marriage Officer concerned under the Special Marriage Act with Ext.P3 notice of the intended marriage, the Marriage Officer refused to accept the notice, submits the petitioners.
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 respondent shall receive notice of marriage under the Special Marriage Act from the petitioners. WPC 18288 of 2016 2 ii. The date of notice has to be reckoned as today. iii.The marriage shall be registered on the expiry of 30 days from today in accordance with the provisions of the Special Marriage Act.
iv.The petitioners shall, before the registration of the marriage, produce necessary documents before the Marriage Officer to satisfy him the single status of the second petitioner.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs (true copy)