Writ petition challenging denial of marriage solemnization by Sub Registrar due to lack of US Embassy certificate. Court held notarized affidavit in India suffices.
Permitted petitioner to produce notarized affidavit in lieu of non-objection and bachelorhood certificate for solemnization of marriage.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 497 OF 2023
PETITIONERS:
1 JAISON VARGHESE AGED 28 YEARS S/O. VARGHESE MATHEW, CHAKALACKAL HOUSE, VAZHOOR EAST, KOTTAYAM , PIN - 686504 2 IRENE KALLOOR AGED 26 YEARS D/O. MINI JIPSON, MUKALEL HOUSE, KUNNUMBHAGOM, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT686506 NOW RESIDING AT 732, SOUTHWYND ST MESQUITE, DALLAS, TEXAS, UNITED STATES OF AMERICA PIN - 686506 BY ADVS. LIJI.J.VADAKEDOM TOM E. JACOB REXY ELIZABETH THOMAS ATHUL V. VADAKKEDOM
RESPONDENTS:
1 SUB REGISTRAR-VAZHOOR OFFICE OF THE SUB REGISTRAR, VAZHOOR .P.O., KOTTAYAM DISTRICT, (MARRIAGE OFFICER UNDER THE SPECIAL MARRIAGE ACT 1954) PIN - 686504 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001 BY ADV GOVERNMENT PLEADER
WP(C) No. 497 of 2023 2
OTHER PRESENT:
GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 497 of 2023 3
JUDGMENT
Dated this the 12th day of January, 2023
The 1st petitioner is an Indian citizen and the 2nd
petitioner, a person of Indian origin born to Indian parents, who later acquired US citizenship.
WP(C) No. 497 of 2023 4
WP(C) No. 497 of 2023 5
bachelorhood certificate. I also take note of of Ext.P6 interim order passed by this Court under similar circumstances.
The writ petition is hence disposed of, permitting the petitioner to produce the original of Ext.P4 notarized affidavit in lieu of non-objection and bachelorhood certificate. If the affidavit is found to be in proper form, the 1st respondent shall accept the same and solemnize the marriage, subject to petitioners complying with all other requirements.
Sd/-
mtk
WP(C) No. 497 of 2023 6
APPENDIX OF WP(C) 497/2023
PETITIONER EXHIBITS
| Exhibit P1 | THE COPY OF THE NOTICE OF INTENDED MARRIAGE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 5 OF THE SPECIAL MARRIAGE ACT ON THE APPLICATION SUBMITTED BY THE PETITIONERS |
|---|---|
| Exhibit P1(a) | THE COPY OF THE ACKNOWLEDGEMENT SHOWING THE REMITTANCE OF FEE DATED 5.12.2022 |
| Exhibit P2 | THE COPY OF THE SINGLE STATUS VERIFICATION CERTIFICATE DATED 28.11.2022 ISSUED FROM THE OFFICE OF THE COUNTY CLERK, DALLAS COUNTY, USA |
| Exhibit P3 | THE COPY OF THE COMMUNICATION NO. 597/2022 DATED 4.1.2023 ISSUED BY THE 1ST RESPONDENT |
| Exhibit P4 | THE COPY OF THE AFFIDAVIT DATED 5/1/2023 SWORN BY THE 2ND PETITIONER BEFORE A NOTARY PUBLIC |
| Exhibit P5 | THE COPY OF THE JUDGMENT DATED 10/8/2022 IN WP(C) NO. 24182/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA |
| Exhibit P6 | THE COPY OF THE ORDER DATED 12/08/2022 IN WP(C) NO. 25575/2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA |
1 issue framed by the court
Whether a foreign citizens need to produce non-objection and bachelorhood certificate from the US Embassy for solemnizing marriage in India under Special Marriage Act.
Colour shows how this judgement treated each authority
Shan S. and Another V. Marriage OfficerRelied on¶22
Shan S. and Another V. Marriage Officer [2022 (5) KHC 140]
1 provisions across 1 enactments
Jaison Varghese
Irene Kallur
Sub Registrar Vazhoor
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
