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3. The petitioner is a citizen of India, who is now residing in Canada. Earlier she had married one Premson Mechery Anto on 21.8.2006 in accordance with Christian rites and ceremonies, as both parties to the marriage are Christians and the marriage was solemnized in this State. The petitioner is a trained Physiotherapist and the said Premson Mechery Anto is a qualified Mechanical Engineer and that 2 children were born in their wedlock. They are residents in Canada as they are employed there. It is pointed out that the marriage had hit the rock bottom and the husband has deserted the petitioner and he started living with another woman in Ontario in Canada. Since the marital relationship has irretrievably so broken down, the petitioner had secured decree of divorce from the Superior Court of Justice, Ontario, on 25.7.2016. It is further stated that the said decree of divorce granted by the Superior Court of Justice, Ontario, has become final and conclusive and the said Premson Mechery Anto had not challenged the same in any manner. Later, the petitioner decided to marry one Sri.Rajesh Jibi, in accordance with the Christian rites as the petitioner belongs to Malankara Orthodox Syrian Church. The said Church was fully satisfied that the petitioner had secured dissolution of her first marriage and she does not suffer from any disqualifications in the solemnisation of the second marriage. Accordingly, the second marriage of the petitioner was solemnized in Kadeesha Orthodox Church, Kayamkulam on 15.7.2018, with Rajesh Jibi, as discernible from Ext.P-7 certificate. The said Cathedral is under the Diocese of Mavelikkara of Malankara Orthodox Syrian Church, it is stated. It has been decided that the petitioner's husband, Rajesh Jibi, would also settle in Canada as the petitioner is now staying in Canada for employment along with her two minor children. For the purpose of immigration of her husband to Canada, the petitioner has been advised that the solemnization of marriage should be registered and a copy of the marriage certificate issued by the competent Registrar should be produced before the competent authority in Canada before his papers could be processed in that foreign country. In that regard, the petitioner and her husband, Rajesh Jibi, had filed application for registration of their marriage in terms of the provisions contained in the Registration of Marriages (Common) Rules (Kerala), 2008, on 20.7.2018. Ext.P-2 is the copy of the receipt evidencing acceptance of application fee in that regard on 20.7.2018. According to the petitioner, she has also produced all the relevant documents issued by he Superior Court of Justice, Ontario, Canada, to evidence the factum of dissolution of her first marriage. It appears that the respondent-Registrar required some clarifications from the higher authorities to ascertain about the procedural steps to be taken in this case as the decree of divorce is granted by a foreign court in Canada and he has sought clarifications from the Chief Registrar, thereafter. Thereafter, no effective action is forthcoming in taking steps on the application referred to in Ext.P-2. It is in the light of these aspects, that the instant Writ Petition (Civil) has been filed with the aforementioned prayers.

On account of the irretrievable breaking down of the first marriage due to desertion of her first husband, the petitioner had filed Ext.P-3 application in Form No.8A of the Family Law Act which regulates such aspects in the Province of Ontario in Canada. Notice was duly served by the Superior Court of Justice Ontario, Canada, to the respondent therein, viz., Premson Mechery Anto, the first husband of the petitioner. It appears that despite service of notice, the respondent therein was not interested to object the prayers of the petitioner for grant of divorce and has not appeared therein to contest the matter. Thereafter, the Superior Court of Justice, Ontario, Canada, has granted a decree of divorce in respect of the abovesaid first marriage of the petitioner as per Ext.P-4 rendered on 25.7.2016. A reading of Ext.P-4 decree would disclose that the same has been rendered by Honourable Mr.Justice Paisley of the Superior Court of Justice, Ontario, Canada. A reading of the documents produced before this Court would show that as per the applicable law in the Province of Ontario, the decree of divorce will take effect 31 days after the date of Ext.P-4 order. Accordingly, after the expiry of the stipulated time period, the Superior Court of Justice, Ontario, has issued Ext.P-5 Certificate of Divorce on 1.9.2016 certifying that in view of the decree of dissolution of marriage as per Ext.P-4 rendered on 25.7.2016, the same has taken effect from 25.8.2016. This Court had earlier directed the petitioner to produce authenticated/certified copy of Ext.P-4 Divorce decree/order issued by Canadian Court. Accordingly, the petitioner has made available authenticated/certified copy of the said decree of divorce, which has been produced as Ext.P-13 and the same is seen authenticated/attested by Sri.Mehar Singh, Assistant Consular Officer, Consulate General of India, Toronto, Canada, and the same is also notorised by Notary Public, whose signature and seal have also been appended showing the lawful authority granted to him by the Governmental authorities concerned. Ext.P-8 is the extract of the Divorce Act of Canada, pertaining to Ontario and Ext.P-10 is the copy of the Family Law Rules of the Court of Ontario. Ext.P-9 is the report submitted by the attorney of the petitioner, who conducted the divorce proceedings on her behalf, which culminated in Exts.P-4, P-5 and P-13, etc. A reading of the abovesaid authenticated documents issued by the Superior Court of Justice, Ontario, would indicate that though notice had been duly served on the respondent therein (Premson Mecheri Anto), he has not chosen to object and after following the procedural formalities as per the applicable laws in the Province of Ontario, a decree of divorce was duly rendered by Honourable Mr.Justice Paisley of the Superior Court of Justice, Ontario and later, after waiting for the requisite period of 31 days, Ext.P-5 Certificate of Divorce has also been issued. It is submitted by the petitioner that Exts.P-4 to P-6 and P-13 have become final and conclusive and no challenge has been mounted thereto by the first husband (Premson Mecheri Anto).

13. It is now brought to the notice of this Court that Exts.P-4 to P-6 were earlier produced before the respondent-Registrar. The authenticated copy of the Decree of Divorce as per Ext. P-13 may not have been produced and that the same will be produced before the respondent-Marriage Officer without any further delay, if not so far produced.

14. Sri.T.R.Rajan, learned counsel appearing for the respondent-Marriage Officer would submit that the respondent had sought for clarification of the Chief Registrar and thereupon the entire papers in relation to Ext.P-2 application were forwarded to the Chief Registrar for his examination. The matter was referred by the respondent-Marriage Officer to the Chief Registrar only for the purpose of getting clarifications only in respect of the decree of divorce of the Superior Court of Justice, Ontario, Canada. In view of the abovesaid findings and directions issued by this Court hereinabove, no further clarifications or directives are required from the Chief Registrar for the respondent-Marriage Officer to proceed further. As the petitioner has to report back to Canada immediately, it is ordered that the respondent may send a personal messenger to the Office of the Chief Registrar, whereupon the latter shall immediately handover the entire papers in relation to Ext.P-2 application so that the same could be returned back to the respondent- Marriage Officer without any further delay. The respondent-Marriage Officer will, without any further delay, expedite the process of consideration of the request made by the petitioner and her husband for registration of their solemnised marriage as per Ext.P-2 application without any further delay and will grant the request, if it is otherwise in order. Thereafter, the petitioner and her husband may be permitted to append their signatures in the marriage register without any further delay. As the petitioner has to report back to Canada, the entire process in this regard should be completed within a period of 10 days from the date of production of a certified copy of this judgment.

Sd/-

ALEXANDER THOMAS, JUDGE.

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 POWER OF ATTORNEY DATED 5TH SEPTEMBER EXHIBIT P2 TRUE COPY OF THE APPLICATION FEE RECEIPT NO.8010107174 DATED 20.7.2018 EXHIBIT P3 TRUE COPY OF APPLICATION NO.FS-16- 410371 FOR DIVORCE EXHIBIT P4 TRUE COPY OF THE DIVORCE ORDER ISSUED BY THE COURT OF ONTARIODATED 25.7.2016 EXHIBIT P5 TRUE COPY OF DIVORCE CERTIFICATE UNDER FORM 36B ON 1ST SEPTEMBER 2016 EXHIBIT P6 TRUE COPY OF THE NOTICE U/S 23C IS PRODUCED EXHIBIT P7 TRUE COPY OF THE KADEESHA ORTHODOX CATHEDRAL, KAYAMKULAM DATED 15.7.2018 HEREWITH THE CERTIFICATE OF MARRIAGE ISSUED BY THE VICAR EXHIBIT P8 TRUE COPY OF THE EXTRACT OF DIVORCE ACT CANADA(OTARIO).