The Kerala High Court ordered the Registrar of Marriages to permit the petitioner to be represented by an advocate for her application regarding the cancellation of her marriage registration, noting the legal complexity of the issue.
Directed the 1st respondent to permit the petitioner to be represented by a lawyer.
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 V.G.ARUN
FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944
W.P.(C) NO.37957 OF 2022
PETITIONER:
ALINA ELIZABETH SURESH, AGED 26 YEARS, D/O. SURESH PALAMATTOM JOHN, PALAMATTAM HOUSE, MANGANAM P.O., KOTTAYAM DISTRICT, PIN-686 018
BY ADVS.P.K.MOHAMED JAMEEL
SALIM V.S.
RESPONDENTS:
1 REGISTRAR OF MARRIAGES(COMMON), VAZHAPPALLY GRAMA PANCHAYATH,
KURISUMMOOD P.O.,
KOTTAYAM DISTRICT, PIN-686 104.
2 PRAVEEN PRASANNAN,
S/O.PRASANNAN, PUTHUPPARAMBU HOUSE,
VEROOR P.O., CHETHIPPUZHA VILLAGE, KOTTAYAM DISTRICT, PIN-686 104.
SRI.SEBASTIAN JOSEPH KURISUMMOOTTIL, STANDING COUNSEL, VAZHAPPALLY GRAMA PANCHAYAT
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.37957 OF 2022
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JUDGMENT
Dated this the 16th day of December, 2022
The petitioner filed an application for cancellation of her marriage before the 1st respondent. By Ext.P1 judgment, this Court directed the 1st respondent to provide an opportunity of hearing to the parties and take a decision on the application for cancellation. The petitioner's grievance at present is regarding the 1st respondent's refusal to permit her to be represented by her Advocate.
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W.P.(C) NO.37957 OF 2022
doubt that it is a vexed legal question. Therefore, it is only appropriate that the contentions are put forth by a legally trained person.
The writ petition is accordingly disposed of, directing the 1st respondent to permit the petitioner to be represented by a lawyer. The above direction is subject to the condition that the petitioner's lawyer shall not seek unnecessary adjournments.
Sd/- V.G. ARUN JUDGE
bpr
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W.P.(C) NO.37957 OF 2022
APPENDIX OF WP(C) 37957/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | THE TRUE COPY OF JUDGMENT DATED 05.08.2022 IN WP(C) NO. 25289/2022 |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT DATED 19.09.2022 |
| EXHIBIT P3 | THE TRUE COPY OF THE VAKALATH EXECUTED BY PETITIONER WITH ENDORSEMENT MADE THEREON BY 1ST RESPONDENT ON 26.09.2022 |
| EXHIBIT P4 | THE TRUE COPY OF REQUEST DATED 26.09.2022 MADE BY THE COUNSEL ENGAGED BY PETITIONER |
| EXHIBIT P5 | THE TRUE COPY OF THE LETTER DATED 11.10.2022 ISSUED BY 1ST RESPONDENT |
| EXHIBIT P6 | THE TRUE COPY OF NOTICE DATED 11.10.2022 |
| EXHIBIT P7 | THE TRUE COPY OF THE REQUEST DATED 20.10.2022 SUBMITTED BY PETITIONER |
| EXHIBIT P8 | A RECEIPT DATED 20.10.2022 ACKNOWLEDGING THE RECEIPT OF EXHIBIT P7 REQUEST ISSUED BY VAZHAPPALLY GRAMA PANCHAYATH |
| EXHIBIT P9 | THE TRUE COPY OF THE NOTICE DATED 03.11.2022 ISSUED BY 1ST RESPONDENT |
| EXHIBIT P10 | THE TRUE COPY OF THE POSTAL ENVELOPE SENT BY 1ST RESPONDENT |
2 issues framed by the court
Whether the Registrar of Marriages can refuse to permit the petitioner to be represented by an advocate.
Whether a complex legal question regarding the cancellation of marriage registration requires representation by a legally trained person.
ALINA ELIZABETH SURESH
REGISTRAR OF MARRIAGES (COMMON), VAZHAPPALLY GRAMA PANCHAYATH
PRAVEEN PRASANNAN
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
