Allowed

Mr.Jerry Sunny v. State of Kerala

Kerala HC21 Oct 2016WP(C)/33859/2016

Case brief

AI extract

What is this about?

Writ petition filed challenging refusal to register marriage between an Indian national and a Russian national under the Special Marriage Act, 1954. The Court held that inter-national marriages are permissible and directed the Marriage Officer to reconsider and proceed accordingly.

What did the court decide?

Directed the fourth respondent to reconsider the petitioner's application, publish the notice under the Special Marriage Act, and proceed in accordance with law.

Mr.Jerry Sunny Vs State of Kerala — 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 SHAJI P.CHALY

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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WP(C).No. 33859 of 2016 (F)

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PETITIONER(S)/PETITIONER:

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MR.JERRY SUNNY, S/O.P.P. SUNNY, KARUTHEDATH HOUSE, MURYAMANGALAM KARA, MAMALA P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT, PIN-682 035.

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BY ADVS.SRI.S.RAJ MOHAN SRI.ADITYA THEJUS KRISHNAN

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RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, (REGISTRATION) GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

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2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR P O, THIRUVANANTHAPURAM-695 035.

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3. DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, (GENERAL), ERNAKULAM-PIN-682 011.

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4. THE MARRIAGE OFFICER, THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, PUTHENCRUZ, ERNAKULAM-682 308.

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BY SENIOR GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 33859 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF SVETLANA KRASNOVA EXHIBIT P3 TRUE COPY OF THE MARRIAGE CERTIFICATE EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF SVETLANA KRASNOVA EVIDENCING HER ENTRY TO INDIA ON 12/12/2015

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EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF SVETLANA KRASNOVA EVIDENCING HER ENTRY TO INDIA ON 11/10/2016.

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EXHIBIT P6 TRUE COPY OF THE TREATMENT CARD ISSUED BY THE ASTER MEDICITY

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EXHIBIT P7 TRUE COPY OF THE ADMISSION TREATMENT PLAN ISSUED TO SVETLANA KRASNOVA

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EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF MARRIAGE DTD 19/9/2016.

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EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGMENT CUM RECEIPT FOR REGISTRATION OF MARRIAGE.

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EXHIBIT P10 TRUE COPY OF THE PER LETTER DTD 19/9/2016 OF THE 4TH RESPONDENT. EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD 21/10/2014 EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC NO 24086 OF 2014 DTD.18.9.2014. EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WPC NO 34696 OF 2015 DTD.17.11.2015. EXHIBIT P14 TRUE COPY OF CERTIFICATE OF SINGLE STATUS ISSUED BY THE ADMINISTRATION OF THE CITY OF SVETLANA KRASNOVA DTD.14.7.2015. EXHIBIT P15 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P14

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

SHAJI P. CHALY, J.

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W.P.(C). NO. 33859 OF 2016

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Dated this the 21^st day of October, 2016

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JUDGMENT

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Petitioner is a citizen of India. As per the custom prevailing among the Christian community, petitioner has married a Russian national by name Svetlana Krasnova. After solemnisation of the marriage in church, evident from Ext. P3 marriage certificate, petitioner and the bride submitted application for registration of the marriage under the Special Marriage Act, 1954. However, as per Ext.P10 order the statutory authority has declined to exercise the power holding that as per the Special Marriage Act, 1954, a marriage can only be solemnised by two Indian nationals. It is in this background challenging Ext. P10 and for other related reliefs, this writ petition is filed.

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Heard learned counsel for the petitioner learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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W.P.(C). NO. 33271 OF 2016 2

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The issue with respect to soleminsation of marriage by and between an Indian national and a foreign national was considered by this Court in Devika Raj v. State of Kerala and others [2015 KHC 3435] , Xavier v. State of Kerala and others [2015(4) KHC 923] and Vivian Varghese v. State of Kerala and others [2015(3) KHC 569], and has laid down the law that the marriage between an Indian national and a foreign national is possible, under Section 5 of the Special Marriage Act, 1954.

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Therefore, I am of the considered opinion that petitioner is also entitled to get the same relief. In that view of the matter, I direct the fourth respondent to reconsider the application submitted by the petitioner and publish the notice, in accordance with the provisions of the Special Marriage Act, 1954 and proceed thereupon in accordance with law.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Mr.Jerry Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mr.Jerry Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

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