Madras High CourtWP(MD)/13519/2021dismissed

Sangeetha v. The District Registrar

2021-08-05Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.13519 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.13519 of 2021 Sangeetha ... Petitioner Vs.

1.The District Registrar, Dindigul, Dindigul District.

2.The Sub-Registrar, Sub Registrar Office, Dindigul, Dindigul District.

3.Velmurugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to cancel the marriage certificate vide serial number of marriage: HMR/Dindigul Joint 1/9/2021, dated 18.01.2021 issued in pursuance of invalid marriage happened between me and the 3rd respondent at the 2nd respondent Sub-Registrar Officer on the basis of my representation dated 24.06.2021. For Petitioner : Mr.Indrachithu.T For Respondents : Mr.P.Subbaraj, Counsel for State for R1 & R2.

ORDER

The petitioner seeks cancellation of the marriage certificate dated 18.01.2021.

2. The petitioner states that she married the third respondent without free consent when she was in a delusional state. Therefore, she submitted a representation on 24.06.2021 to respondents 1 and 2 to cancel the marriage certificate. By reply dated 25.06.2021, the first respondent informed the petitioner that registration authorities do not have the authority to cancel the marriage certificate and that the petitioner should approach an appropriate court for such purpose.

3. The present petition is completely misconceived. Without doubt, the registration authorities do not have the authority or jurisdiction to cancel a marriage certificate. In case the petitioner intends to obtain a declaration of nullity of marriage or https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13519 of 2021 to dissolve the marriage by divorce, a petition should be filed before the jurisdictional family court for such purpose.

4. Accordingly, W.P.(MD).No.13519 of 2021 is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Registrar, Dindigul, Dindigul District.

2.The Sub-Registrar, Sub Registrar Office, Dindigul, Dindigul District.

+1 CC to M/s.GP ( SR-25520[F] dated 06/08/2021 ) W.P(MD)No.13519 of 2021 05.08.2021 RD(12.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2