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Madras High CourtWP/26330/2018disposed of

S.Karthika v. The Marriage Registrar

2018-11-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.11.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.26330 of 2018 S.Karthika .. Petitioner Vs.

1. The Marriage Registrar District Registrar Office, Chennai North.

2. The Inspector General of Registrar, Santhome High Road, Mandaveli, Chennai.

3. A.Suresh Kumar .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to record and register the judgment and decree passed by Principal Family Court, Chennai in O.P.No.4805 of 2016 dated 21.12.2017 and thereby to delete or effect appropriate entries showing that the registration of the marriage vide Sl.No.30/2016 dated 13.07.2016 on the file of the Marriage Registrar/Joint Registrar No.1, District Registrar Office, Chennai North has been declared as null and void. For Petitioner : Ms.R.Shenbaga Baabu For Respondent : Mr.P.Purushothaman Government Advocate for R1 & 2

O R D E R

The Writ Petition has been filed by the petitioner seeking a direction to the first respondent herein to record and register the judgment and decree passed by the Principal Family Court, Chennai in O.P.No.4805 of 2016 dated 21.12.2017 and thereby to delete or effect appropriate entries showing that the registration of the marriage vide Sl.No.30/2016 dated 13.07.2016 on the file of the Marriage Registrar/Joint Registrar No.1, District Registrar Office, Chennai North has been declared as null and void.

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2. The document, which is sought to be relied on, is the judgment and decree dated 21.12.2017, passed in OP No.4805 of 2016 on the file of the Principal Family Court, Chennai. It is a decree under Section (12)(1)(C) of the Hindu Marriage Act, 1955. As per Section 23 of the Registration Act, the document should be presented for the purpose of registration within four months from the date of execution and the Registrar has got powers to condone the delay of another four months.

3. Heard Mr.P.Purushothaman, learned Government Advocate on behalf of the respondents 1 and 2.

4. The Registrar/ first respondent is directed to register the judgment and decree nullifying the marriage, if it is in accordance with the provisions of Registration Act, by considering the representation of the petitioner dated 11.05.2018, after issuing notice to the petitioner and the third respondent herein and also affording due opportunity of hearing to the petitioner, third respondent herein as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jv To

1. The Marriage Registrar District Registrar Office, Chennai North.

2. The Inspector General of Registrar, Santhome High Road, Mandaveli, Chennai.

+1cc to the Government Pleader, S.R.No.81774 W.P.No.26330 of 2018 MP(CO) rrs 24/01/2019 https://hcservices.ecourts.gov.in/hcservices/