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Nimisha Elizabeth v. the State of Kerala

Kerala HC11 Jul 2017WP(C)/22883/2017

Case brief

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What is this about?

The High Court at Ernakulam addressed a writ petition where the Marriage Officer refused to accept a notice of intended marriage between an Indian citizen and a foreign national. The Court directed the officers to accept the notice and register the marriage after thirty days. null

What did the court decide?

Notice of marriage under Special Marriage Act to be accepted; marriage to be registered after 30 days.

Nimisha Elizabeth Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2017)

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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 11TH DAY OF JULY 2017/20TH ASHADHA, 1939

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WP(C).No. 22883 of 2017 (I)

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PETITIONER(S) :

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NIMISHA ELIZABETH, D/O. KUNJUMON UTHIKUNNEL, UTHIKUNNEL HOUSE, PEROOR P.O, KOTTAYAM.

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BY ADV. SRI.A.K.HARIDAS

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RESPONDENT(S) :

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1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE MARRIAGE OFFICER(SUB REGISTRAR), SUB REGISTRAR'S OFFICER, ETTUMANOOR 686 631.

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BY GOVERNMENT PLEADER SRI. S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 22883 of 2017 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGE OF PASSPORT OF PETITIONER.

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EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGE OF AMERICAN PASSPORT OF GIFIN PHILIP.

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EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGE OF CERTIFICATE OF OVERSEAS CITIZEN OF INDIA.

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EXHIBIT P4 TRUE COPY OF CERTIFICATE OF 'NO RECORD' OF MARRIAGE ISSUED BY STATE OF MICHIGAN, U.S.A.

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EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 22-06-2017.

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EXHIBIT P6 TRUE COPY OF THE REPLY DATED 23-06-2017.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

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= = = = = = = = = = = = = = =

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W.P.(C).No.22883 of 2017-I.

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= = = = = = = = = = = = = = =

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Dated this the 11^th day of July, 2017.

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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 and gave 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 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:

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(i) The second respondent shall receive notice of marriage under 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

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W.P.(C).No.22883/2017-I.

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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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Kvs/-

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// true copy //

Nimisha Elizabeth v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Nimisha Elizabeth v. the State of Kerala

Case brief

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What did the court decide?

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