Allowed

Sheela Chacko v. Deputy Director of Panchayat, Pathanamthitta

Kerala HC13 Nov 2020WP(C)/20998/2020

Case brief

AI extract

What is this about?

Single Judge Writ Bench directed the Local Registrar of Addoor Municipality to register petitioner's marriage upon production of a Village Officer certificate stating the husband 's whereabouts are unknown for over seven years, relaxing strict death certificate requirement.

What did the court decide?

Directed 3rd respondent to register marriage upon production of Village Officer certificate within a week.

Sheela Chacko Vs Deputy Director of… — Pension and Retirement Benefits | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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WP(C).No.20998 OF 2020(Y)

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PETITIONER:

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SHEELA CHACKO, AGED 52 YEARS, S/O CHACKO,MUTTATHIL VEEDU,ALIMUKKU, VETTITHILA.P.O, PATHANAMTHITTA DISTRICT-689 646.

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BY ADV. SRI.SERGI JOSEPH THOMAS

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RESPONDENTS:

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1 DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA PATHANAMTHITTA,KERALA-689 645.

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2 ADOOR MUNICIPALITY, ADOOR.P.O,PATHANAMTHITTA691523, REPRESENTED BY ITS SECRETARY.

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3 LOCAL REGISTRAR(COMMON), ADOOR MUNICIPALITY, ADOOR.P.O, PATHANAMTHITTA-691523.

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R1 BY GOVERNMENT PLEADER R2 BY ADV. SRI.K.SHAJ

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K SHAJ MUNCIPALITY PAUL VARGHEES GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20998 OF 2020(Y)

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..2..

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JUDGMENT

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Dated this the 13th day of November 2020

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This writ petition is filed seeking a direction against 3^rd respondent to issue a marriage certificate after the registration of the marriage of the petitioner as per the provisions of Kerala Registration of Marriages (common) Rules, 2008.

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The petitioner's marriage took place on 8.01.1989 as per the personal law applicable to the Christian Community. This is evident from the marriage certificate issued by the church authority, produced as Ext.P1.

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The petitioner's husband's whereabouts is not known for

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the last more than seven years. According to the petitioner, her husband Wilson Thomas deserted the petitioner in July 1997. The same is also evident from Ext.P3 certificate issued by the Village Officer.

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The Panchayat Director issued a circular stipulating the

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..3..

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WP(C).No.20998 OF 2020(Y)

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modality for registration of marriage of persons in the event one of the spouse died. It insists the production of death certificate. That was mentioned in the circular dated 10.05.2017. In another circular of the same date, modality for registration of persons whose whereabouts is not known for more than seven years is issued. Registration of death of a person, whose whereabouts is not known for more than seven years can be done based on Sec.107 and 108 of the Evidence Act. For this purpose it is stipulated that a Court order declaring the death of such person has to be obtained.

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There is no difficulty in registering the marriage, in the light of Ext.P1. The problem now is regarding production of the death certificate or an order from the Court declaring the death.

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The presumption will have to be drawn, if the whereabouts of the persons is not known for more than last 7 years. The Village Officers certificate would only shows that husband has deserted the petitioner. In such view of the matter, I am of the view that, as the Village Officer certifies that the whereabouts of the petitioner's

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WP(C).No.20998 OF 2020(Y)

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husband is not known for last more than seven years, necessarily based on the same, the marriage of the petitioner can be registered. Accordingly, this writ petition is disposed of directing the 3^rd respondent to act upon the request of the petitioner to register the marriage, if the petitioner produce a certificate from the Village Officer stating that the whereabouts of the petitioner's husband is not known for more than seven years. The Village Officer of the competent jurisdiction shall issue a certificate without any delay. The 3^rd respondent shall do the needful to register the marriage only on the production of certificate within a week.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.20998 OF 2020(Y)

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..5..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 01/03/2020 ISSUED BY THE PARISH PRIEST,ST.MARY'S MALANKARA CATHOLIC CHURCH,PARAKODU.

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EXHIBIT P2 TRUE COPY OF THE SLIP OF THE WIDOW PENSION PAYMENTS.

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EXHIBIT P3 TRUE COPY OF THE MEMORANDUM FOR REGISTRATION OF MARRIAGE FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23/06/2020

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EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.01/12014010 2035 DATED 01/07/2020 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION ALONG WITH THE AFFIDAVITS AND REQUIRED DOCUMENTS FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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EXHIBIT P6 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DATED 29/9/2020 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.

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RESPONDENTS EXHIBITS:

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EXHIBIT R1(a)	TRUE COPY OF THE CIRCULAR
	NO.97/2019/FIN DATED 11.12.2019.
EXHIBIT R1(b)	TRUE COPY OF THE G.O(MS)
	NO.97/2020/FIN DATED 23.09.2020.

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WP(C).No.20998 OF 2020(Y)

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..6..

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EXHIBIT R1(c) TRUE COPY OF THE CIRCULAR NO.B1 15346/2017 DATED 10.05.2017. EXHIBIT R1(d) TRUE COPY OF THE CIRCULAR NO.B115343/2017 DATED 10.05.2017. EXHIBIT R1(e) TRUE COPY OF THE LETTER NO.G44523/2020 DATED 30.09.2020.

Sheela Chacko v. Deputy Director of Panchayat, Pathanamthitta

Case brief

What is this about?

What did the court decide?

Sheela Chacko v. Deputy Director of Panchayat, Pathanamthitta

Case brief

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What did the court decide?

What the court decided

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