Abiga Sockalingam v. The Inspector General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 22630 of 2019 and W.M.P. Nos. 22092 and 22095 of 2019 Ambiga Sockalingam ... Petitioner Vs.

1. The Inspector General, Birth and Death Registration, Oulgaret Municipality, Puducherry.

2. The Registrar, Birth and Death, Oulgaret Municipality, Puducherry.

3. The Sub Registrar, Birth and Death, Oulgaret Municipality, Puducherry.

4. Mohanraj ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the Third Respondent vide its order the impugned order F.No. 14-30/OM/EC/2019 dated 19.02.2019 issued by the Oulgaret Municipality, Puducherry - 5 and received by the Petitioner on 28.02.2019 and quash the same.

For Petitioner : Dr. R. Rajagopal For Respondents : Mr. D. Ravichandar (For R1 to R3) Additional Government Pleader (Puducherry)

O R D E R

When it is pointed out that it has not been shown that the Registering Authority has power to annul a marriage and that the Hon'ble Supreme Court of India in Gullipilli Sowria Raj -vsBandaru Pavani alias Gullipiolli Pavani [(2009) 1 SCC 714] has https://hcservices.ecourts.gov.in/hcservices/

held that mere registration would not validate a marriage and that the Petitioner has to approach the jurisdictional Family Court to obtain a decree for declaration that there is no marital relationship between the Petitioner and the Fourth Respondent in the light of the interpretation of Section 7(1)(a) of the Family Courts Act, 1984, made by the Hon'ble Supreme Court of India in the decision in Balram Yadav -vs- Fulmaniya Yadav [(2016) 13 SCC 308], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector General, Birth and Death Registration, Oulgaret Municipality, Puducherry.

2. The Registrar, Birth and Death, Oulgaret Municipality, Puducherry.

3. The Sub Registrar, Birth and Death, Oulgaret Municipality, Puducherry.

W.P.No. 22630 of 2019 and W.M.P. Nos. 22092 & 22095 of 2019 srg 27/08/2019 https://hcservices.ecourts.gov.in/hcservices/