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Madras High CourtWP/32969/2025disposed of

Thamothiran v. The Inspector General Of Registration

2025-09-08Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 08.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Thamothiran ...

Petitioner Vs.

1. The Inspector General of Registration, Registration Department, Government Of Tamil Nadu, Santhome, Chennai-600 004.

2.The Sub Registrar Sub Registrar Office, Karimangalam, Dharmapuri District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to proceed with petitioner application for registration of marriage by publishing the notice vide No.NSM/ ONLINE/ 2218616/ 2025 dated 02.07.2025 and consequently direct the 2nd respondents to register

marriage of the petitioner under the Special Marriage Act, 1954 without insisting blood relation as witness.

For Petitioner : Mr.M.R.Elavarasan For Respondents : Mr.U.Baranidharan Special Government Pleader

ORDER

Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking to direct the 2nd respondent to proceed with petitioner's application for registration of marriage by publishing the notice vide No.NSM/ ONLINE/ 2218616/ 2025 dated 02.07.2025 and consequently direct the 2nd respondent to register the marriage of the petitioner under the Special Marriage Act, 1954 without insisting blood relation as witness.

3. The learned counsel for the petitioner would submit that the

petitioner fell in love with one Ayesha Banu and they decided to get married. Since, both of them belonged to different religion, they opted for registration of marriage under the Special Marriage Act, 1954, before the 2nd respondent and hence submitted online application for registration of marriage on 02.07.2025. But the 2nd respondent orally refused to entertain the said application and insisted them to produce the blood relatives as witnesses to the marriage. Further, he would submit that as per Special Marriage Act, 1954 it is mandatory to produce the blood relatives as witnesses.

4. The learned Special Government Pleader appearing for the respondents would submit that the respondents the petitioner has submitted the online application and if the petitioner approach the respondent authorities in person along with appropriate application, they will not insist upon blood relatives as witnesses and the respondents will permit the witnesses produced by the petitioner to sign and after effecting the publication, the marriage will be registered.

5. Considering the facts and circumstances of the case and upon submissions made, the petitioner is directed to appear before the authorities concerned in person with appropriate application for registration of marriage, within a period of two weeks from the date of receipt of a copy of this order and the respondent concerned shall entertain the application and permit the witnesses produced by the petitioner to sign and thereafter effect the paper publication and proceed with registration of the marriage, in accordance with law.

7. With the above directions, this writ petition is disposed of. No costs.

08.09.2025 Speaking/Non-speaking order Index : Yes / No arr

KRISHNAN RAMASAMY.J., arr W.P.No.33969 of 2025 08.09.2025