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High Court of DelhiW.P.(C)/7841/2018

Ms. Sreedevi Nair v. Deputy Commissioner And ORS.

2018-07-30Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7841/2018 MS. SREEDEVI NAIR ..... Petitioner Through:

Mr Rajeev Ranjan Pandey and Mr Kamal Jerath, Advocates.

versus DEPUTY COMMISSIONER AND ORS.

..... Respondents Through:

Mr Sameer Vashisht, ASC (Civil), GNCTD for R-1 to R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.07.2018 CM No.30025/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 7841/2018 2.

The petitioner has filed the present petition, inter alia, praying as under:- "a) to issue writ or writs in the nature of mandamus directing Respondent No.1 and 2 to decide the representation dated 19.07.2018 of the Petitioner and to make necessary steps/arrangements, so that, the marriage of the Petitioner may be registered according to the prayers of the Representation and b) to issue writ/writs in the nature of mandamus directing respondent no.1 and 2 to allow the Petitioner's husband to appear before the Marriage Officer (Marriage Registrar) through video conferring."

3.

The petitioner states that she is married to one Mr Akhil Viswambharan, who had travelled New Zealand after his marriage with the petitioner. The petitioner is desirous to joining her husband, however, for the said purposes requires her marriage to be registered. Her predicament is that Mr Akhil Viswambharan is unable to travel to India for completing the formalities for registration of his marriage with the petitioner. The petitioner has, therefore, made a representation that his presence may be entered by video conferencing.

4.

The learned counsel appearing for the respondents states that the proper authority for considering such representation is the SDM, Rajouri Garden and not respondent nos.1 & 2. He also suggests that since the signatures of both persons are necessary, possibility of accepting digital signatures may be explored.

5.

The petitioner is at liberty to make a representation to the SDM, Rajouri Garden.

The SDM, Rajori Garden shall consider the petitioner's representation and if it is feasible to register the petitioner's marriage with Mr Akhil Viswambharan without insisting on his presence, the same shall be registered.

6.

The petition is disposed of with the aforesaid observations. 7.

Order dasti.

VIBHU BAKHRU, J JULY 30, 2018 MK