K.G.Padmanaban v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.G.PADMANABAN ... Petitioner Vs THE SUB REGISTRAR, THIRUVOTTIYUR SUB REGISTRAR OFFICE, SAKTHI PURAM, THIRUVOTTIYUR, CHENNAI- 600 019.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the Respondent herein to register the Marriage Solemnized between the petitioner herein and one Mrs.Devi on 29.08.2022, without insisting the birth certificates of Mrs.Devi by considering the online application made by the petitioner on 06.11.2024. For Petitioner : Mr.M.Mahamani For Respondent : Mr.R.Sasikumar Government Advocate 1/4

ORDER

This writ petition is filed for a mandamus directing the respondent to register the marriage solemnized between the petitioner herein and Mrs. Devi on 29.08.2022, without insisting on the birth certificate of Mrs. Devi, and by considering the online application made by the petitioner on 06.11.2024.

2. At the outset, in view of the many malpractices practiced by various individuals at the time of marriage registration and upon the directions of this Court, circulars have been issued by the Government. Therefore, the respondent authority is right in insisting on more than one address proof and birth proof, including the birth certificate.

3. Be that as it may, these are peculiar facts and circumstances. The petitioner, who is about 50 years old, got married to Mrs. Devi, who is also 43 years old. The birth was not registered at that time and therefore, the birth certificate is not available. It should also be seen that the marriage is a remarriage for the petitioner's wife after the unfortunate death of her earlier 2/4

husband. In these circumstances, they seek to dispense with the requirement of the birth certificate alone.

4. Considering the extraordinary facts and circumstances of the case, this writ petition is disposed of on the following terms:- (i) The respondent shall process the application to register the marriage between the petitioner and Mrs.Devi, dated 29.08.2022, without insisting upon the birth certificate of Mrs.Devi alone. It is made clear that other compliance requirements shall be met by the parties. The exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of this order, without waiting for the certified copy of the order.

(ii) No costs.

06.03.2025 nsl To THE SUB REGISTRAR, THIRUVOTTIYUR SUB REGISTRAR OFFICE, SAKTHI PURAM, THIRUVOTTIYUR, 3/4

CHENNAI- 600 019.

D.BHARATHA CHAKRAVARTHY, J.

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