Allowed

Nelsy @ Nelsy Robin v. Registrar of Marriages

Kerala HC21 Oct 2020WP(C)/3607/2020

Case brief

AI extract

What is this about?

This writ petition was filed by a petitioner who obtained a divorce decree in Western Australia and sought registration with the Kerala Grama Panchayath. The court held that the Registrar must record the divorce in the physical register and directed registration within four weeks.

What did the court decide?

The petitioner is directed to register the divorce decree (Ext.P2) in the physical register of marriages maintained by the respondent Panchayat within four weeks.

Nelsy @ Nelsy Robin Vs Registrar of Marriages — Matrimonial and Divorce | 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 N.NAGARESH

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WEDNESDAY,THE 21ST DAY OF OCTOBER 2020/29TH ASWINA, 1942

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WP(C).No.3607 OF 2020(A)

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PETITIONER:

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NELSY @ NELSY ROBIN THROUGH HER FATHER AND POWER OF ATTORNEY HOLDER JAMES NELSON, S/O. LATE LEON NELSON, R/O NELSON VALIA VEEDAN, NEERAVIL, THRIKKADAVOOR VILLAGE, PERINAD P.O., KOLLAM-691 601.

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BY ADVS. SRI.M.T.SURESHKUMAR SRI.R.RENJITH

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RESPONDENTS:

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1 REGISTRAR OF MARRIAGES, ERATHU GRAMA PANCHAYATH, VADAKKEDATHU POST, ERATHU,ADOOR, PATHANAMTHITTA DISTRICT-691 526.

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ADDL.2 ERATHU GRAMAPANCHAYAT, VADAKKEDATHU POST, ERATHU, ADOOR,PATHANAMTHITTA DISTRICT, PIN 691 526 REPRESENTED BY THE SECRETARY.

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(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 09.10.2020 IN I.A.1/2020.)

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BY ADV. SRI.K.SHAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC.3607/2020

: 2 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 21^st day of October, 2020

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Petitioner, who is a permanent resident of

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Australia, filed a divorce petition before the Family Court, Western Austrailia and obtained Ext.P2 Decree of Divorce

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from the court. The petitioner approached the respondents for recording the Decree of Divorce in the Register maintained by the respondents. The application was not entertained and hence the petitioner filed the writ petition seeking to direct the 1^st respondent to register/record Ext.P2 Decree of Divorce of the Family Court, Western Australia, granted to the petitioner.

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It is the case of the petitioner that the respondents refused to accept the application stating that application for registration has to be submitted online. To a query raised by the Power of Attorney Holder of the petitioner, it was informed that there is no provision for recording the Decree of Divorce

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WPC.3607/2020

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: 3 :

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in the “Sevana”, the system maintained for registration of marriages. The petitioner was informed that as and when the software is modified, the application of the petitioner can be considered.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

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This Court, as per judgment in Jithin Varghese

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Prakash v. Registrar of Marriage, Piravom Municipality [2019 (4) KHC 39] , has held that the Registrar is bound to record divorce in the Register maintained by him acting upon the divorce ordered by a competent court. This Court held that the authority given to an Officer to register marriage, includes the authority to add, amend, vary or rescind the registration of marriage also. This Court held that the authority has a general power under the General Clauses Act which can be resorted to.

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In the light of the said judgment of this Court, this writ petition is also liable to be allowed. However, the learned Standing Counsel would submit that since the

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WPC.3607/2020

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: 4 :

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computer system maintained for the purpose of registration of marriage does not enable registration of divorce, it will be proper for this Court to direct the Information Kerala Mission to make necessary modification.

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However, I deem it not warranted at this stage as the said authority is not before this Court in these proceedings.

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In the circumstances, the writ petition is disposed of directing the respondents to register the divorce of the petitioner evidenced by Ext.P2 in the physical Register of marriages maintained by the respondent-Panchayat. As and when the software system is modified, it will be open to the petitioner to approach the respondent-Panchayat to make necessary changes in the electronic register also. Recording of divorce in physical Register, shall be carried out within a period of four weeks.

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Sd/-

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N. NAGARESH, JUDGE

aks/21.10.2020

WPC.3607/2020

: 5 :

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE MARRIAGE REGISTRATION CERTIFICATE ISSUED BY THE RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE ORDER OF FAMILY COURT WESTERN AUSTRALIA IN CASE NO.(P) PTW8764/2018 DATED 27.3.2019.
EXHIBIT	P3 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 25.9.2019.
EXHIBIT	P4 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 25.9.2019.
EXHIBIT	P5 TRUE COPY OF THE APPLICATION FOR RECORDING OF DIVORCE SUBMITTED BY THE PETITIONER DATED 7.11.2019.
EXHIBIT	P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN JITHIN VARGHESE
	PRAKASH VS. REGISTRAR OF MARRIAGE, PIRAVOM MUNICIPALITY.
EXHIBIT	P7 TRUE COPY OF THE RTI APPLICATION OF THE PETITIONER DATED 16.12.2019.
EXHIBIT	P8 TRUE COPY OF THE RTI REPLY GIVEN BY THE RESPONDENT DATED 15.1.2020.

Nelsy @ Nelsy Robin v. Registrar of Marriages

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Nelsy @ Nelsy Robin v. Registrar of Marriages

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