Allowed

Vinson Thomas, v. Marriage Officer and Chitt Auditor

Kerala HC3 Feb 2022WP(C)/3180/2022

Case brief

AI extract

What is this about?

Petitioners sought a writ directive for the Marriage Officer to solemnise their marriage under the Special Marriage Act, scheduled for 05.02.2022. They had obtained a decree of divorce abroad. The Court directed the Officer to allow the marriage if all other requirements were satisfied.

What did the court decide?

Directed the 1st respondent to solemnise the marriage of the petitioners scheduled on 05.02.2022, accepting the decree of the Foreign Court.

Vinson Thomas, Vs Marriage Officer and Chitt Auditor — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943

¶5

WP(C) NO. 3180 OF 2022

¶6

PETITIONERS:

¶7

1 VINSON THOMAS, AGED 52 YEARS

¶8

S/O. M.F. THOMAS, MULLAPPALLIL , 200 ACRE, ADIMALY 200 ACRE, MANNAMKANDAM, IDUKKI 685 561.

¶9

2 RUBY THOMAS, AGED 42 YEARS

¶10

D/O. THOMAS, THYPARAMBIL, EDATHUA P.O., ALAPPUZHA 689 573.

¶11

BY ADVS.

¶12

G.KRISHNAKUMAR
K.A.ANI JOSEPH

¶13

RESPONDENTS:

¶14

1 MARRIAGE OFFICER AND CHITT AUDITOR, O/O. THE CHITTY AUDITOR,

¶15

DISTRICT REGISTRAR OFFICE COMPLEX, THODUPUZHA 685 584.

¶16

2 INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM 695 035.

¶17

3 REGISTRAR GENERAL OF REGISTRATION, OFFICE OF THE DISTRICT REGISTRAR, FIRST FLOOR, TRANSPORT BHAVAN, FORT, S STREET RD, FORT, THIRUVANANTHAPURAM ,KERALA 695 023.

¶18

SMT.PARVATHY KOTTOL GP

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C) NO. 3180 OF 2022 2

¶21

JUDGMENT

¶22

Dated this the 3^rd day of February, 2022

¶23

The petitioners are before this Court seeking to direct the 1^st respondent to solemnise the marriage of the petitioners scheduled to be held on 05.02.2022 in High range Food Mall, Thodupuzha, under the provisions of the Special Marriage Act, register it and to issue Marriage Certificate to the petitioners.

¶24

The petitioners state that they intend to marry under

¶25

the Special Marriage Act, 1954. The 1^st petitioner is working in United Kingdom (U.K). The 1^st petitioner's earlier marriage with one Kavitha Thomas was solemnized in the year 1997. The said Kavitha Thomas was living in U.K. The said marriage was irretrievably broken down. The parties approached the Family Court, Birmingham and the Family Court on consent of both parties, granted a Decree of Dissolution of Marriage. The 2^nd petitioner’s earlier marriage was also dissolved on mutual consent as per Ext.P6 judgment of the Family Court, Alappuzha.

¶26

WP(C) NO. 3180 OF 2022 3

¶27

The petitioners submitted Ext.P7 notice of marriage on 03.01.2022 under the Special Marriage Act. However, the 1^st respondent has taken a stand that he will solemnise marriage only on getting instruction from the 2^nd respondent regarding validity of judgment of Divorce of Foreign Court, in India. The petitioners submit that the 1^st petitioner has to return to U.K on 16.02.2022 to rejoining duty. The stand of the 1^st respondent is against the well settled legal principles laid down by the Hon'ble Apex Court.

¶28

The learned counsel for the petitioners submitted that both petitioners are having no living spouses. They are free to get married. Their earlier marriage were dissolved in accordance with law. The learned counsel for the petitioners submits that the respondents are duty bound to recognise a judgment/decree issued by a Foreign Court. The 1^st petitioner and his former wife had submitted to the jurisdiction of the Family Court abroad. Accordingly, Ext.P5 Decree of Divorce was granted. When both parties had submitted to the jurisdiction of the Foreign Court and consented to grant a Decree of Divorce, the Authorities in India

¶29

WP(C) NO. 3180 OF 2022 4

¶30

are bound to recognise such Decree.

¶31

The learned Government Pleader entered appearance and contested the writ petition. The learned Government Pleader controverted all the material allegations contained in the writ petition. The learned Government Pleader submitted that as long as the 1^st petitioner is not in a position to establish that his earlier marriage is annuled, the 1^st respondent

¶32

will be justified in refusing to solemnize the marriage.

¶33

I have heard the learned counsel for the petitioners and the learned Government Pleader.

¶34

This Court has considered a similar issue in

¶35

Augustine Kalathil Mathew v. Marriage Officer (Sub Registrar), Pathanamthitta [2016 (4) KLT 415]. This Court

¶36

held that the divorce by mutual consent in the said case was obtained from U.A.E Personal Status Court and it can be acted upon in India. This Court held that when husband and wife have voluntarily and effectively submitted to the jurisdiction of a

¶37

Foreign Court and consented to grant divorce to each other, although the jurisdiction of the said forum is not in accordance

¶38

WP(C) NO. 3180 OF 2022 5

¶39

with the provisions of the matrimonial law applicable to them, the Courts in India have to recognise the said divorce certification. In view of the law laid down by this Court in the judgment in Augustine Kalathil Mathew (Supra), this Court is of the view that, this writ petition also can be disposed of in similar lines.

¶40

Accordingly, the writ petition is disposed of directing the 1^st respondent to solemnize the marriage of the petitioners

¶41

scheduled on 05.02.2022 accepting the decree of the Foreign Court, if the petitioners satisfy all other requirements.

N.NAGARESH

JUDGE

hmh

WP(C) NO. 3180 OF 2022 6

¶46

APPENDIX OF WP(C) 3180/2022

¶47

PETITIONER EXHIBITS

¶48

`Exhibit P1`	`TRUE COPY OF THE DIVORCE APPLICATION` `(PETITION) HAVING CASE NO. ZZ21D24028` `FILED BY THE IST PETITIONER IN THE` `FAMILY COURT UK.`
`Exhibit P2`	`TRUE COPY OF DIVORCE APPLICATION (DECREE` `NISI) DATED 21.04.2021 BEARING CASE NO.` `ZZ21D24028 FILED BEFORE THE FAMILY` `COURT, HM COURTS AND FAMILY SERVICES,` `BIRMINGHAM.`
`Exhibit P3`	`TRUE COPY OF CERTIFICATE OF ENTITLEMENT` `TO A DECREE NISI DATED 1.5.2021 IN CASE` `NUMBER ZZ21D24028 OF THE FAMILY COURT,` `BIRMINGHAM.`
`Exhibit P4`	`TRUE COPY OF DECREE NISI DATED` `25.05.2021 OF THE FAMILY COURT, SITTING` `AT COURTS AND TRIBUNALS SERVICE CENTRE` `IN CASE NUMBER ZZ21D2408.`
`Exhibit P5`	`TRUE COPY OF DECREE ABSOLUTE DATED` `7.7.2021 ISSUED BY THE FAMILY COURT HM` `COURTS AND TRIBUNALS SERVICE.`
`Exhibit P6`	`TRUE COPY OF JUDGMENT DATED 25.08.2016` `IN OP (DIV) 03/2016 OF THE FAMILY COURT` `ALAPPUZHA.`
`Exhibit P7`	`TRUE COPY OF NOTICE DATED 3.01.2022` `ISSUED BY THE IST RESPONDENT MARRIAGE` `OFFICER`
`Exhibit P8`	`TRUE COPY OF TICKET RECEIPT AND` `ITERINARY EVIDENCING BOOKING OF RETURN` `FLIGHT TICKET ON 16.02.2022.`
`Exhibit P9`	`TRUE COPY OF COMMUNICATION DATED` `06.01.2022 OF THE IST RESPONDENT` `ADDRESSED TO THE 2ND RESPONDENT.`

¶49

RESPONDENT’S EXHIBITS NIL

Vinson Thomas, v. Marriage Officer and Chitt Auditor

Case brief

What is this about?

What did the court decide?

Vinson Thomas, v. Marriage Officer and Chitt Auditor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Fayis M.D. Vs Secretary to Government

Shinas K. Vs Union of India

Bethlahem Constructions Vs Kerala State Electricity Board - Kseb

Abdul Latheef Vs the Assistant Executive Engineer

Dr.Vikas .R.S, Vs State of Kerala

Joel K. Yoyakkim Vs the Sub Registrar (Marriage Officer)