The writ petition seeking a certificate for cancellation of marriage certificate was disposed of without expressing an opinion on merits. The court directed the petitioner to apply for cancellation via email within one week, with the first respondent to consider the application within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943
WP(C) NO. 1937 OF 2021
PETITIONER:
RAJESH RAJAN
AGED 33 YEARS S/O.K.S.RAJAN, HOUSE NO.46, 'RAJANANDANAM', NETHAJI NAGAR, KOTTARAKARA, POST PULAMON, KOLLAM DISTRICT, PIN691531, REPRESENTED BY POWER OF ATTORNEY HOLDER, K.S.RAJAN, AGED 68, S/O.SREEDHARAN
---------DO-----------
BY ADV M.K.DILEEP KUMAR
RESPONDENTS:
1 REGISTRAR OF MARRIAGES THRISSUR CORPORATION, THRISSUR, THRISSUR DISTRICT, PIN680001.
NEETHU VASANTH, 2 AGED 30 YEARS D/O.VASANTHAN, MOOTHRI HOUSE, NEAR AYYAPPAN KAVU, MANAKODY VILLAGE, THRISSUR DISTRICT.
ADV SRI.S.NIKHIL SANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 1937/2021
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JUDGMENT
This writ petition is filed for direction to the first respondent to issue certificate disclosing the cancellation of the marriage certificate No.23256/2013 dated 26.08.2013 (Ext.P1) issued by the first respondent in the light of Exts.P2 and P3 judgments. Ext.P4 is the application submitted by the counsel for the petitioner on instruction from the petitioner for issuance of certificate of cancellation of marriage.
by the counsel for the petitioner and not by the petitioner. The counsel for the petitioner submits that the petitioner is in Germany and he can make an application by e-mail. The counsel for the first respondent submits that if the petitioner files an application for issuance of
W.P.(C) 1937/2021
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certificate of cancellation of marriage by e-mail, the first respondent will consider such application in accordance with law. Accordingly, there will be a direction to the petitioner to make application for issuance of certificate of cancellation of marriage by e-mail within one week from today and the first respondent shall consider the same in accordance with law, within a period of three weeks from the date of its receipt. Once an order is passed by the first respondent pursuant to such application, the copy of the certificate/order shall be forwarded to the petitioner by e-mail and physical copy of the certificate/order shall be handed over to the authorised representative of the petitioner or to the counsel for the petitioner. I make it clear that I have not expressed any opinion regarding the merits of the writ petition.
Writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
spc/
W.P.(C) 1937/2021
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APPENDIX OF WP(C) 1937/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF MARRIAGE CERTIFICATE DATED 05.08.2013 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF JUDGMENT OF FAMILY COURT, THRISSUR DATED 20.12.2017 IN O.P.NO.1296/2015. EXHIBIT P3 TRUE COPY OF JUDGMENT OF HIGH COURT OF KERALA IN MAT.APPEAL NO.399/2018 AND 661/2018 AND O.P(F.C)NO.190/2018 DATED 28.02.2019. EXHIBIT P4 TRUE COPY OF REQUEST DATED 16.12.2020 FOR CANCELLING THE MARRIAGE CERTIFICATE SUBMITTED BEFORE THE FIRST RESPONDENT. EXHIBIT P5 TRUE COPY OF REPLY DATED 04.01.2021 GIVEN BY THE FIRST RESPONDENT.
RAJESH RAJAN
REGISTRAR OF MARRIAGES THRISSUR CORPORATION
NEETHU VASANTH
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
