Disposed

Deepika Vijayan v. the Inspector General of Registration

Kerala HC17 May 2024WP(C)/17420/2024

Case brief

AI extract

What is this about?

Petitioner complained that the Sub Registrar (Marriage Officer) was refusing to accept her application for solemnization of marriage under the Special Marriage Act, 1954. The court agreed with its earlier judgment in W.P.(C) No. 3055/2022 and directed the Marriage Officer to accept and process the application.

What did the court decide?

Directed the 2nd respondent to accept Ext.P5 application and process solemnization of the marriage per the Special Marriage Act, 1954, on 14-06-2024 or any other preferred day.

Deepika Vijayan Vs the Inspector General of… — Writ and Judicial Review | Kerala HC (2024)

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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 T.R.RAVI

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FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946

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WP(C) NO. 17420 OF 2024

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PETITIONER:

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DEEPIKA VIJAYAN
AGED 25 YEARS, D/O. A. VIJAYAKUMAR,
RESIDING AT THEKKETHAITHOTTAM, THOZHUKKAL,
NEYYATINKARA POST,
THIRUVANANTHAPURAM DISTRICT., PIN – 695 121.

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BY ADVS.

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ANJALY T.A
RANCE R.

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RESPONDENTS:

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1 THE INSPECTOR GENERAL OF REGISTRATION DEPARTMENT OF REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM., PIN – 695 035.

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2 THE SUB REGISTRAR (MARRIAGE OFFICER) OFFICE OF THE SUB REGISTRAR, NEYYATTINKARA P.O., THIRUVANANTHAPURAM, PIN – 695 121.

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695 001.

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BY ADV. SMT.PREETHA.K.K-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.17420 of 2024

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: 2 :

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JUDGMENT

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Dated this the 17^th day of May, 202 4

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Admit.

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Government Pleader takes notice for

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respondents.

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The grievance of the petitioner is that the 2^nd respondent-Marriage Officer is not accepting Ext.P5 application and processing the same for solemnization of the marriage between the petitioner and Mr.Samuel Edward Robinson in accordance with the Special Marriage Act, 1954, on 14-06-2024 or any day preferred by the parties. The petitioner relies on the judgment of this Court in W.P.(C)No.3055 of 2022, which has been produced as Ext.P9 along with this writ petition.

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I have gone through the judgment of this Court and I am in full agreement with the dictum laid down. The respondents are not entitled to refuse registration of the marriage or refuse to accept Ext.P5 application and

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W.P.(C) No.17420 of 2024

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: 3 :

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scrutinize the same and proceed with it.

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In the above circumstances, this writ petition is disposed of directing the 2^nd respondent to accept Ext.P5 application and process the same for solemnization of the marriage between the petitioner and Mr.Samuel Edward Robinson in accordance with the Special Marriage Act, 1954, on 14-06-2024 or any other day preferred by the parties.

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Sd/T.R. RAVI JUDGE

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ats

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W.P.(C) No.17420 of 2024

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: 4 :

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APPENDIX OF WP(C) 17420/2024

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE CERTIFICATE OF BIRTH OF
ROBINSON SAMUEL EDWARD ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS FOR THE SUB
DISTRICT OF WREXHAM DATED 26.10.1998

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Exhibit P2 TRUE COPY OF THE PASSPORT OF ROBINSON SAMUEL EDWARD ISSUED BY THE UNITED KINGDOM OF GREAT BRITIAN AND NORTHERN IRELAND AS PASSPORT NO. P GBR 553687609

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Exhibit P3 TRUE COPY OF THE INDIAN E VISA ISSUED TO ROBINSON SAMUEL EDWARD BY THE BREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS AS ETA NUMBER 900F2AC0O VALID FROM 29 MARCH 2024 TO 28 MARCH 2025 FOR MULTIPLE ENTRIES

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Exhibit P4 TRUE COPY OF THE AFFIDAVIT EVIDENCING THE SINGLE STATUS OF MR. ROBINSON SAMEUL EDWARD DATED 29.02.2024

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Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AND MR. ROBINSON SAMEUL EDWARD HEREIN MADE AN ONLINE APPLICATION FOR SOLEMNIZATION OF MARRIAGE UNDER THE SPECIAL MARRIAGE ACT, 1954 AS TOKEN NO. P29904860 ALONG WITH THE ACKNOWLEDGMENT CUM RECEIPT FOR SPECIAL MARRIAGE DATED 15.04.2024

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Exhibit P6 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER ADDRESSING THE 1ST RESPONDENT DATED 18.04.2024

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Exhibit P7 TRUE COPY OF THE AIR TICKETS BOOKED IN THE NAME OF MR. HARRY FRANCIS ROBINSON QATAR AIRWAYS AS BOOKING REFERENCE LGTYAR

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Exhibit P8 TRUE COPY OF THE AIR TICKETS BOOKED IN THE NAME OF MR. FRANCIS ROBINSON QATAR AIRWAYS AS BOOKING REFERENCE LCCTKD

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Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 03.02.2022, IN WRIT PETITION (CIVIL) NO. 3055 OF 2022

Deepika Vijayan v. the Inspector General of Registration

Case brief

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What did the court decide?

Deepika Vijayan v. the Inspector General of Registration

Case brief

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