Allowed

Jaseena Rasheed v. the Sub Registrar

Kerala HC17 May 2016WP(C)/17040/2016

Case brief

AI extract

What is this about?

A writ petition challenging a Marriage Officer's refusal to accept a notice of intended marriage filed by an Indian petitioner wishing to marry a foreign national. The Court relied on prior precedents allowing such marriages under the Special Marriage Act and issued directions to accept the notice and register the marriage.

What did the court decide?

Petitioner to produce documents; Marriage Officer to receive notice and register marriage within 30 days.

Jaseena Rasheed Vs the Sub Registrar — Matrimonial and Divorce | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 17TH DAY OF MAY 2016/27TH VAISAKHA, 1938`

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WP(C).No. 17040 of 2016 (D)

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PETITIONER(S) :

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JASEENA RASHEED, H.NO.5/2240, GULFARM, FLORICAN ROAD, KARAPARAMBA P.O., KOZHIKODE-673 010.

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BY ADVS.SRI.V.G.ARUN SRI.ADITHYA RAJEEV

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RESPONDENT(S) :

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THE SUB REGISTRAR/MARRIAGE OFFICER, SUB REGISTRAR OFFICE, KAKKODI, KOZHIKKODE-673 611.

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BY GOVERNMENT PLEADER SRI.GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 17040 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF RODOLFO DE LOS ANGELES HILDAGO ZUMBADO.

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P2 A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE FURNISHED BY THE PETITIONER UNDER THE SPECIAL MARRIAGE ACT.

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P3 A TRUE COPY OF THE SINGLE STATUS CERTIFICATE BY THE CIVIL REGISTRY OF THE REPUBLIC OF COSTA RICA.

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P4 A TRUE COPY OF THE ENGLISH TRANSLATION ISSUED BY THE CERTIFIED TRANSLATOR OF THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP OF THE REPUBLIC OF COSTA RICA.

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P5 A TRUE COPY OF THE ORDER DATED 23-04-2016, ISSUED BY THE SUB REGISTRAR, KAKKODI.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

P.B. SURESH KUMAR, J.

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W.P.(C) No. 17040 of 2016

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Dated this the 17^th day of May, 2016

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J U D G M E N T

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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 Ext.P2 notice of the intended marriage, the Marriage Officer refused to accept the notice, submits the petitioner.

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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.29378/2015 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:

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i. The respondent shall receive notice of marriage under

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W.P.(C) No. 17040 of 2016

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..2..

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the Special Marriage Act from the petitioner.

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ii.The date of notice has to be reckoned as today.

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iii.The marriage shall be registered on the expiry of 30 days from today in accordance with the provisions of the Special Marriage Act.

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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.

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Sd/- P.B. SURESH KUMAR JUDGE

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bka/17.5.16

Jaseena Rasheed v. the Sub Registrar

Case brief

What is this about?

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Jaseena Rasheed v. the Sub Registrar

Case brief

What is this about?

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