Aboobacker N.A. v. Chief Registrar General Of Marriages (Common)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 892 of 2015 (J) -------------------------- PETITIONERS:

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1. ABOOBACKER N.A., AGED 57 YEARS, S/O. AMMU, RESIDING AT XII/244, THRIKKARA PANCHAYAT, NEYYTHOLIMOOLAYIL HOUSE, MURARJI ROAD, VAZHAKALA, THRIKKAKKARA (PO), KOCHI - 682 021.

2.

KOCHURABIA @ RABIA, AGED 47 YEARS, W/O. ABOOBACKER N.A., RESIDING AT XII/244, THRIKKARA PANCHAYAT, NEYYTHOLIMOOLAYIL HOUSE, MURARJI ROAD, VAZHAKALA, THRIKKAKARA (PO), KOCHI - 682 021.

BY ADV. SRI.R.V.SUJIT KUMAR RESPONDENTS:

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THE CHIEF REGISTRAR GENERAL OF MARRIAGES (COMMON)/ DIRECTOR OF PANCHAYATS, PANCHAYAT DIRECTORATE, THIRUVANANTHAPURAM - 695 011.

2.

THE LOCAL REGISTRAR OF MARRIAGES (COMMON)/ THE SECRETARY, ERIYAD GRAMA PANCHAYAT, ERIYAD, KODUNGALLUR, THIRISSUR - 680 666.

R BY SMT. C.K. SHERIN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 892 of 2015 (J) : 2 :

APPENDIX PETITIONERS' EXHIBITS:

EXT.P1 :

TRUE COPY OF CUSTOMARY MARRIAGE CERTIFICATE NO.MBJ/2/05 DATED 05.11.2014 ISSUED BY THE MASJIDUL BADARIYA JAMA-AT COMMITTEE, ERIYAD, KODUNGALLUR.

EXT.P2 :

TRUE COPY OF JOINT APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT FOR REGISTRATION OF MARRIAGE.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 892 of 2015 ---------------------------------- Dated this the 9th day of January, 2015.

JUDGMENT

Heard the learned counsel for the petitioners and the learned Government Pleader, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, petitioners 1 and 2, being husband and wife, got their marriage solemnized on 08.01.2005 at the residence of the 2nd petitioner within the jurisdiction of the 2nd respondent. Their grievance is that though they have made Ext.P2 joint application for the registration of marriage and issuance of certificate thereof, so far the 2nd respondent has not taken appropriate steps in that regard. Complaining of what is said to be the inordinate delay on the part of the 2nd respondent, the petitioner has approached this Court.

3. In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the

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