M. Senthilkumar v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1104 of 2017 M.Senthilkumar .. Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 004.

2. The District Registrar, Tirunelveli, Tirunelveli District.

3. The Sub-Registrar/Marriage Registrar, Sub-Registrar's Office, T.B.Road, Valliyoor - 627 117, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to issue an appropriate Certificate of Marriage to the Petitioner under the Hindu Marriage Act, 1955 within a stipulated time as fixed by this Court.

For Petitioner : Mr.V.Balaji For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The petitioner seeks for a direction to the third respondent to issue an appropriate certificate of marriage to the petitioner under the Hindu Marriage Act, 1955.

2.According to the petitioner, though his marriage with one Kavitha has taken place on 16.06.2016, as per Hindu customs and though they belong to Hindu community, the third respondent erroneously, issued the marriage certificate under Sections 32 and 54 of the Christian Marriage Act. Therefore, the petitioner contended that such erroneous certificate has to be rectified and a fresh certificate has to be issued under the Hindu Marriage Act, 1955.

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3.It is seen that the petitioner has made a representation on 26.12.2016 to the third respondent ventilating such grievance. Therefore, it is for the third respondent to consider the said representation and pass orders on the same on merits and in accordance with law, as this Court, at this stage is not expressing any view on the claim made by the petitioner on the merits of the matter.

4.Accordingly, the writ petition is disposed of, only directing the third respondent to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law, also after hearing the interested parties. Such exercise shall be done by the third respondent, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Inspector General of Registration, No.100, Santhome High Road, Mylapore,Chennai - 600 004.

2. The District Registrar, Tirunelveli, Tirunelveli District.

3. The Sub-Registrar/Marriage Registrar, Sub-Registrar's Office, T.B.Road, Valliyoor - 627 117, Tirunelveli District.

+1cc to Mr.V.Balaji, Advocate SR.No.4285 +1cc to special Government Pleader SR>No.4137 rj2 sm:MR-VB:07/02/2017:2P/6C W.P.(MD)No.1104/2017 24.01.2017 https://hcservices.ecourts.gov.in/hcservices/