Disposed

Hari Shankar Mohan Nair v. State of Kerala

Kerala HC11 Jul 2017WP(C)/22926/2017

Case brief

AI extract

What is this about?

The Court issued orders directing the third respondent to receive the notice of intended marriage and mandated registration after thirty days, distinguishing foreign nationals as a valid category for marriage under the Special Marriage Act.

What did the court decide?

Directed the third respondent to receive the notice of marriage; marriage to be registered after 30 days from 05.07.2017 upon production of documents proving single status.

Hari Shankar Mohan Nair Vs State of Kerala — Service and Employment | 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. 22926 of 2017 (M)

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PETITIONER:

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HARI SHANKAR MOHAN NAIR AGED 29 YEARS, S/O MOHAN NAIR, KRISHNA VILAS HOUSE, KOTHAKULANGARA, ANGAMALY, KERALA - 683572

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BY ADV. SRI. SAJU .S NAIR

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RESPONDENTS:

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

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2. THE INSPECTOR GENERAL OF REGISTRATION, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 001

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3. THE MARRIAGE OFFICER AND SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, ANGAMALY P.O., ERNAKULAM - 683572

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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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WP(C).No. 22926 of 2017 (M)

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APPENDIX

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PETITIONER EXHIBITS:

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EXHIBIT	P1	TRUE COPY OF THE ONLINE ACKNOWLEDGMENT RECEIPT AGAINST THE APPLICATION FOR NOTICE OF INTENDED MARRIAGE DATED 05.07.2017 SUBMITTED BY THE PETITIONER
EXHIBIT	P2	TRUE COPY OF THE POSTAL RECEIPT EMOPNR NO.056809170706241880 DATED 06.07.02017
EXHIBIT	P3	TRUE COPY OF THE E-CERTIFICATE ISSUED FROM ROME CAPITAL CITY, DEMOGRAPHIC SERVICES DATED 26.06.2017
EXHIBIT	P3(A)	TRUE COPY OF THE ENGLISH TRANSLATION OF EX-P3 CERTIFIED BY NAIPUNNYA ACADEMY, ERNAKULAM
EXHIBIT	P4	TRUE COPY OF THE IDENTITY CARD OF THE PERSON WITH WHOM THE MARRIAGE OF THE PETITIONER IS PROPOSED, IE., WITH MISS. VALENTINA MAZZARINO
EXHIBIT	P5	TRUE COPY OF THE RELEVANT PAGE OF ITALIAN PASSPORT OF MISS. VALENTINA MAZZARINO
EXHIBIT	P6	TRUE COPY OF THE RELEVANT PAGE OF PASSPORT NO.J 8556702 ISSUED TO THE PETITIONER DATED 21.10.2011
EXHIBIT	P7	TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER
EXHIBIT	P8	TRUE COPY OF THE JUDGEMENT DATED 07.08.2015 IN W.P. (C) NO.29378/2015 OF HON'BLE KERALA HIGH COURT.

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RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE

bng

P.B. SURESH KUMAR, J.

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W.P.(C) No.22926 of 2017

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Dated this the 11^th day of July, 2017

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JUDGMENT

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The petitioner, a citizen of India, intends to marry a foreign national. Though he has approached the Marriage Officer concerned under the Special Marriage Act and gave notice of the intended marriage on 5.7.2017, 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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W.P.(C) No.22926 of 2017 -2-

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i. The third 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 5.7.2017.

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iii.The marriage shall be registered on the expiry of 30 days from 5.7.2017 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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bpr

Hari Shankar Mohan Nair v. State of Kerala

Case brief

What is this about?

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Hari Shankar Mohan Nair v. State of Kerala

Case brief

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