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Madras High CourtWP/47542/2025dismissed

Sebastian Rayon Nixon v. The Union Of India

2026-01-27Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA WP No. 47542 of 2025 and WMP No.1948 of 2026

1. Sebastian Rayon Nixon 2.Sindhuja S Petitioners Vs

1. The Union Of India Rep. by Its Secretary, Ministry Of External Affairs, South Block, New Delhi- 110 011.

2.The Register General Of Birth, Death and Marriages Office of the Registrar General of Birth, Death and Marriages, Chennai-600 028.

3.The Consulate General of the Federal Republic of Germany No.9, Boat Club Road, R.A.Puram, Chennai-600 028.

Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Declaration, declaring that the marriage solemnized on 26.11.2020 between the petitioner Mr.Sebastian Rayon Nixon and his wife Mrs.Sindhuja.S, under the Provisions of the Indian Christian Marriage Act, 1872, and duly registered is valid and legally enforceable for all purposes and that no further re- marriage is required.

For Petitioners:

Mr.Thomas Edwin Fantin.J For Respondents:

Mr.K.K.Muralidharan, Central Government Standing Counsel for R1

ORDER

The petitioners seek a declaration regarding the validity of their marriage conducted under the Provisions of the Indian Christian Marriage Act, 1872 by filing the writ petition before this Court.

2. The learned counsel for the petitioners would submit that the petitioners have filed the present writ petition only on the ground that the petitioners were asked to obtain orders from the Court, regarding declaration of their marriage. The petitioners' relief is one provided under the specific relief Act for declaration. The remedy is available only by way of filing a suit for declaration and not by way of filing a writ petition, seeking a mandamus as the petitioners have to establish their right through evidence, which cannot be done by a Writ Court.

3. With the above observation, this writ petition stands dismissed. No costs.

4. Insofar as WMP No.1948 of 2026 is concerned, the petition is ordered on payment of single Court fee.

27-01-2026 vum Index:Yes/No Speaking/Non-speaking order

To 1.Secretary, Ministry Of External Affairs, The Union Of India South Block, New Delhi- 110 011.

2.The Register General Of Birth, Death And Marriages Office Of The Registrar General Of Birth, Death And Marriages, Chennai-28.

3.The Consulate General Of The Federal Republic Of Germany No.9, Boat Club Road, R.A.Puram, Chennai-028.

P.T.ASHA J.

vum WP No. 47542 of 2025 and WMP No.1948 of 2026 27-01-2026