Kerala High Court
Induja M.J vs State Of Kerala on 20 May, 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
WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938
WP(C).No. 29751 of 2016 (T)
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PETITIONER(S):
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INDUJA M.J., AGED 29 YEARS,
D/O.JALAJADEVI P.,
"INDUJAM", T.C 15/643,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM - 695 011.
BY ADVS.SRI.LAL GEORGE
SMT.P.A.MENISHA
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REGISTRATION, SECRETARIAT,
TRIVANDRUM - 695 004.
2. INSPECTOR GENERAL OF REGISTRATION,
OFFICE OF THE INSPECTOR GENERAL OF REGISRATION,
VANCHIYOOR, THIRUVANANTHAPURAM - 695 004.
3. THE DISTRICT REGISTRAR (GENERAL) AND MARRIAGE OFFICER
EAST FORT, THIRUVANANTHAPURAM - 695 004.
BY GOVERNMENT PLEADER SRI.ARAVINDHAKUMAR BABU T.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 29751 of 2016 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 A TRUE COPY OF THE PASSPORT DETAILS OF
MR.TOMI KOIVUKOSKI
EXT.P2 A TRUE COPY OF THE VISA DETAILS OF MR.TOMI KLIVUKOSKI
EXT.P3 A TRUE COPY OF THE CERTIFICATE OF CAPACITY UNDER
FINNISH LAW TO CONTRACT MARRIAGE BEFORE A FOREIGN
AUTHORITY ISSUED BY THE DISTRICT REGISTRAR, FINLAND
DATED 20/5/2016
EXT.P4 A TRUE COPY OF THE ACKNOWLEDGMENT FOR SOLEMNIZATION OF
MARRIAGE ISSUED ONLINE BY THE DEPARTMENT OF
REGISTRATION OF REGISTRATION - KERALA
EXT.P5 A TRUE COPY OF THE CIRCULAR NO: RR6-23638/2014
DATED 21/10/2014 ISSUED BY THE 2ND RESPONDENT
EXT.P6 A COPY OF THE JUDGMENT IN WPC NO.24086/2014
RESPONDENT(S)' EXHIBITS
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NIL
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P.S.TO JUDGE
Msv/
P.B. SURESH KUMAR, J.
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W.P.(C) No.29751 of 2016-T.
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Dated this the 7th day of September, 2016
J U D G M E N T
The petitioner, a citizen of India, intends to marry a foreign national. Though she has approached the Marriage Officer concerned under the Special Marriage Act with the 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. W.P.(C) No.29751/2016-T. 2 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 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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