Kunjumol @ Rajani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 1532 of 2015 (N) --------------------------- PETITIONER(S):
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1. KUNJUMOL @ RAJANI, AGED 48 YEARS, D/O.CHELLAMMA, RESIDING AT RATHEESH BHAVAN, PANAYAM P.O., PERINADU, KOLLAM (NELLIYIL VEEDU, PANAYAM).
2. SHRI.N.SREENIVASAN, S/O.NEELAKANTAN MUTHALI, VILAYILKULANGARA, PUTHEN VEEDU, (KAVINTE VADAKKETHIL), THEKKEVILA, ERAVIPURAM, KOLLAM.
BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE REGISTRATION INSPECTOR GENERAL, OFFICE OF THE REGISTRATION INSPECTOR GENERAL, THIRUVANANTHAPURAM - 695 001.
3. DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, KOLLAM - 691 013. BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 1532 of 2015 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXT.P-1:
A TRUE PHOTOCOPY OF THE ORDER IN OP(HMA) NO.276/14 DATED 30.9.2014 PASSED BY THE FAMILY COURT, KOLLAM GRANTING DECREE OF DIVORCE.
EXT.P-2:
A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF M.SREEDEVI. EXT.P-3:
A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 27.3.1959 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOLLAM. EXT.P-4:
A TRUE PHOTOCOPY OF THE CIRCULAR DATED 21.10.2014 ISSUED BY THE 2ND RESPONDENT.
EXT.P-5:
A TRUE PHOTOCOPY OF THE JUDGEMENT DATED 27.11.2014 IN WPC NO.31827/2014 OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/
P.R.RAMACHANDRA MENON, J.
= = = = = = = = = = = = = = = = W.P.(C) No.1532 of 2015 = = = = = = = = = = = = = = = = = = = = = Dated this the 22 nd day of January, 2015
JUDGMENT
The petitioners have approached this Court with the following prayer:- " To issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction compelling and commanding the 3rd respondent to register the marriage of the 1st petitioner with the 2nd petitioner under the Special Marriage Act without any delay."
2. It is seen from the pleadings and proceedings that the 1st petitioner had already approached this Court by filing W.P.(C) No.31827/2014, wherein the 2nd petitioner was arrayed as the 4th respondent. The said writ petition was disposed of at the admission itself as per Ext.P5 judgment dated 27.11.2014 with the following directions:- "There shall be a direction to receive the notice under the Special Marriage Act by the petitioner within a British citizen. The notice shall be received on 01.12.2014. However, registration will be subject to the production of any valid document properly validated or certified by the
W.P.(C) No.1532 of 2015 embassy concerned regarding the single status of the British citizen."
3. It is thereafter that the petitioners have joined hands with each other and approached this Court by filing this writ petition stating that there is no chance to obtain any such certificate as pointed out in Ext.P5 from England with regard to the marital status of the 2nd petitioner, who is a British citizen.
4. This Court finds that, the matter since has attained finality as per Ext.P5, the present attempt by way of a fresh writ petition is not maintainable. The remedy of the petitioners, if at all any, is by causing review, if it is sustainable in accordance with the relevant provisions of law, involving any error apparent on the face of the records. Interference is declined. The writ petition is dismissed.
P.R.RAMACHANDRA MENON, JUDGE sj