Madras High CourtWP(MD)/6572/2018dismissed

Balasuriya v. The Sub Registriar

2018-03-27Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.6572 of 2018 and W.M.P(MD)No.6363 of 2018 Balasuriya ... Petitioner Vs.

1. The Sub Registrar, K.Saathanur Sub Registration Office, Trichy.

2.Parthasarathi ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned Marriage Certificate No.141/2017 on the file of the 1st Respondent and quash the same.

For Petitioner : Mr.L.Robert Chandrakumar For 1st Respondent : Mrs.J.Padmavathidevi, Special Government Pleader.

ORDER

This writ petition has been filed challenging the marriage certificate issued by the first respondent. 2.According to the petitioner, the second respondent took her along with his friends to the first respondent and obtained her signature forcibly in the ledger kept in the office of the first respondent. Thereafter, the first respondent has issued a certificate as if the marriage took place between the petitioner and the second respondent. Challenging the said certificate, the present writ petition has been filed.

3.The grievance of the petitioner is that the second respondent has forcibly obtained signature and cheated the petitioner as if he has married the petitioner and get the certificate from the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 4.Admittedly, the petitioner has signed marriage register

but it was obtained forcefully or not is matter to be decided by letting in evidence before the competent Civil Court and not before this Court under Article 226 of the Constitution of India. In the above circumstances, the writ petition is dismissed. However, liberty is granted to the petitioner to approach the Civil Court to challenge the registration of marriage certificate issued by the first respondent. No costs. Consequently, W.M.P (MD)No.6363 of 2018 is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Sub Registrar, K.Saathanur Sub Registration Office, Trichy.

+ 1 cc TO Mr.I.Robert Chandrakumar , Advocate in SR No. 58683 + 1 cc TO The Special Government Pleader in SR No. 59277 sms AE/KKR/SAR1/13.04.2018/2P/4C Writ Petition (MD) No.6572 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/