Allowed

S Raheem v. Kandanassery Grama Panchayath

Kerala HC5 Jul 2016WP(C)/7059/2016

Case brief

AI extract

What is this about?

In a writ petition challenging the denial of a marriage certificate, the Court presumed receipt of the application based on a fee receipt. Due to the petitioners' non-appearance to produce the main application, the Court directed the responsible Panchayat to issue the certificate within one month from the date of this judgment.

What did the court decide?

Directing the respondent Panchayat to issue the marriage certificate within one month from the date of the judgment.

S Raheem Vs Kandanassery Grama Panchayath — 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 K.VINOD CHANDRAN

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TUESDAY, THE 5TH DAY OF JULY 2016/14TH ASHADHA, 1938

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W.P.(C).No.7059 of 2016 (F)

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PETITIONER(S):

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1. S. RAHEEM, aged 46 years, S/O. SHAHUL HAMEED, ERANGATHAYIL HOUSE, GURUVAYOOR P.O., KANDANASSERY VILLAGE, CHAVAKKAD TALUK,

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THRISSUR-680 102.

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2. E.P.SAMEERA, AGED 38 YEARS, W/O. S.RAHEEM, ERANGATHAYIL HOUSE, GURUVAYOOR P.O., KANDANASSERY VILLAGE, CHAVAKKAD TALUK,

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THRISSUR-680 102.

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BY ADVS.SRI.M.PREMCHAND SRI.C.S.SUMESH

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RESPONDENT(S):-

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1. KANDANASSERY GRAMA PANCHAYATH, P.O.KANDANASSERY, THRISSUR DISTRICT-680 102.

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2. THE SECRETARY, KANDANASSERY GRAMA PANCHAYATH, P.O.KANDANASSERY, THRISSUR DISTRICT-680 102.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7059 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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----------------------EXT.P1 : COPY OF THE MARRIAGE CERTIFICATE DTD.22.4.2015 ISSUED BY THE CHOWALLOOR MUSLIM JUMA-ATH COMMITTEE TO THE PETITIONERS.

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EXT.P2 : COPY OF THE RECEIPT ISSUESD BY THE RESPONDENT PANCHAYATH FOR ACCEPTING THE APPLICATION FOR REGISTRATION OF MARRIAGE.

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EXT.P3 : COPY OF THE LETTER ISSUED BY THE DEPARTMENT OF NEPHROLOGY, MEDICAL TRUST HOSPITAL, ERNAKULAM.

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RESPONDENT(S)' EXHIBITS:-

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------------------------NIL.

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Vku/[ true copy ]

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K. Vinod Chandran, J

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-------------------------------------W.P.(C) No.7059 of 2016-F

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Dated this the 05^th day of July, 2016

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JUDGMENT

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The petitioners are aggrieved with the denial of a marriage certificate, which, the petitioners claim, was applied for as per Exhibit P2. The application as such is not produced. But, however, Exhibit P2 is said to be a receipt of fees, remitted under the Kerala Registration of Marriages (Common) Rules, 2008 [hereinafter referred to as “Rules of 2008”].

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Notice was issued to the Panchayat and served;

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but none appears for the Panchayat. In such circumstance, it has to be presumed that the application has been received by the Panchayat, as is evidenced at Exhibit P2.

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Rule 9 of the Rules of 2008 provides for a memorandum in duplicate in Form No.I appended to the Rules, along with three set of photos, to be submitted before the Local

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Registrar within a period of forty-five days from the date of solemnization of marriage. The marriage of the petitioners is

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WP(C) No.7059 of 2016

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said to have solemnized on 10.03.2014; as evidenced by Exhibit P1 certificate.

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In the above circumstances, if an application as

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indicated in the Rules of 2008 has been received in the office

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of the 1^st respondent, the respondents shall issue a certificate within one month from the date of receipt of a certified copy of

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this judgment.

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The writ petition is disposed of as above. No costs.

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Sd/-

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K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

S Raheem v. Kandanassery Grama Panchayath

Case brief

What is this about?

What did the court decide?

S Raheem v. Kandanassery Grama Panchayath

Case brief

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