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High Court of KeralaWP(C)/26979/2015disposed of

Niranjana Nandu v. State Of Kerala

2015-09-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 26979 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- NIRANJANA NANDU, AGED 24 YEARS, D/O. NANDAKUMAR MUNDAKKAL, MUNDAKKAL HOUSE, NEAR CONVENT, TRIPUNITHURA P.O., ERNAKULAM-682 301. BY ADVS.SRI.P.VISWANATHAN, SRI.SUNIL N.SHENOI.

RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF TAXES (REGISTRATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 001.

3. THE MARRIAGE OFFICER AND SUB REGISTRAR , TRIPUNITHURA SUB REGISTRY, ERNAKULAM-682 301. BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 26979 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- P1 :

COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. P2 :

COPY OF THE RELEVANT PAGES OF THE SOUTH AFRICAN PASSPORT NO.469127225 ISSUED TO SRI.RAGESH RAVEENDRAN PILLAI. P3 :

COPY OF THE NOTICE OF INTENDED MARRIAGE AND DECLARATION DATED 17.08.2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 26979 of 2015 ================== Dated this the 8th day of September, 2015

J U D G M E N T

The petitioner is an Indian Citizen wants to marry a foreign national of South African.

2.

The petitioner gave a notice of Intended Marriage under Special Marriage Act. It appears that Marriage Officer refused to accept the notice for the reason that the petitioner's marriage is with a foreign national. It is obvious that the Marriage Officer refused to accept the notice for non appointment of Marriage Officers in the country of foreign national. 3.

This Court in number of judgments held that if the petitioner is able to produce sufficient document showing the single status of the foreign national. Based on the above, marriage can be registered under the Special Marriage Act.

4.

In that view of the matter, third respondent is directed to receive notice of Intended Marriage under Special marriage Act and directed to register the marriage on production of single status of

W.P.(C).No. 26979 of 2015 - : 2 :- the foreign national, in accordance with the provisions of the Special Marriage Act. The notice has to be reckoned as on the date of today and the marriage has to be registered on the period of 30 days from today on condition that the petitioner shall produce single status of the foreign national to the satisfaction of the Marriage officer. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE