Petition sought writ directing refusal to register a marriage solemnized without consent. Court held marriage solemnized de hors registration is valid and dissolvable only by decree. Writ dismissed.
Writ Petition dismissed; petitioner left to approach Civil Court for declaration; no costs.
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.
W.P.No.32582 of 2022
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.32582 of 2022
M.Fedrick Monika
...Petitioner
Vs.
3.John Ruban
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 1st respondent not to register the marriage which was solemnized on 12.11.2022 before the 2nd respondent church without the petitioner's consent to the 3rd respondent by considering the petitioner's representation dated 28.10.2022 and dispose of the same within the time limit that may be stipulated.
1/4
W.P.No.32582 of 2022
For Petitioner : Mr.M.Pandian For Respondents : Mr.M.Muthusamy Government Advocate for R1
O R D E R
The prayer in the Writ Petition reads as follows:-
directing the 1st respondent not to register the marriage which was solemnized on 12.11.2022 before the 2nd respondent church without the petitioner's consent to the 3rd respondent by considering the petitioner's representation dated 28.10.2022 and dispose of the same within the time limit that may be stipulated.
2.It is the case of the petitioner that her marriage with the 3rd
respondent was solemnized on 12.10.2022 without her consent in the 2nd respondent Church therefore, the same should not be registered. I do not think such a mandamus could be issued. Once the marriage is solemnized, de hors registration, is by itself valid. It can be dissolved only by a decree of Court. The Registration by itself does not add to the sanctity of the marriage, which according to the petitioner was done without her consent.
2/4
W.P.No.32582 of 2022
3.Hence, this Writ Petition is dismissed, leaving it open to the petitioner to approach the Civil Court or the appropriate forum seeking a declaration that the marriage is invalid. No costs.
05.12.2022
kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order
3/4
W.P.No.32582 of 2022
R.SUBRAMANIAN, J.
KKN
To:-
1.The Inspector General of Registration, No.100, Santhome High Road, Chennai – 28.
W.P.No.32582 of 2022
05.12.2022
4/4
2 issues framed by the court
Whether a Writ of Mandamus can be issued to prevent registration of a marriage already solemnized without consent.
Whether registration of a marriage adds to the sanctionity of the marriage.
1 provisions across 1 enactments
M.Fedrick Monika
The Inspector General of Registration, No.100, Santhome High Road, Chennai – 28.
The Indian Pentecostal Assemblies Church, No.4T, Sathy Road, Near BKR Nagar, Gandhipuram, Coimbatore District.
John Ruban
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
