Honey Lal v. District Registrar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 29249 of 2015 (E) --------------------------------------- PETITIONER(S):

---------------------- HONEY LAL, AGED 38 YEARS, S/O.VINCENT, MANAKKIL HOUSE, CHARAKKADU, VADAKKUMPURAM P.O., PIN-683521, ERNAKULAM DISTRICT.

BY ADV. SRI.GEORGE MERLO PALLATH RESPONDENT(S):

------------------------- 1.

DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR, 2ND FLOOR, C.C.40/1017,PERUMPILLY BUILDINGS, M.G.ROAD, KOCHI-682011.

2.

INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM-695035.

3.

THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, TAX (REGISTRATION) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 29249 of 2015 (E) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE LETTER ISSUED BY THE DISTRICT REGISTRAR DATED 22/9/15 BEARING REFERENCE NO.M.1-3344/15 P2:

COPY OF THE PETITIONER'S PASSPORTNO.N1191207 ISSUED ON 20/7/15 P3:

COPY OF THE CHINESE PASSPORT NO.41339574 ISSUED ON 16/4/10 OF SMT.CAI LINLIN P4:

COPY OF THE VISA ISSUED ON 1/9/15 ISSUED TO SMT.CAI LINLIN P5:

COPY OF THE CERTIFICATE OF NO MARRIAGE REGISTRATION ISSUED BY THE REGISTRAR SIMING DISTRICT, XIAMEN CITY, CHINA TO SMT.CAI LINLIN P5(A): COPY OF THE TRANSLATION OF THE NO MARRIAGE REGISTRATION ISSUED BY THE REGISTRAR, SIMING DISTRICT, XIAMEN CITY, CHINA TO SMT.CAI LINLIN P6:

COPY OF THE NOTARIAL CERTIFICATE ISSUED BY XIAMEN NOTARY PUBLIC OFFICE P6(A): COPY OF THE TRANSLATION OF THE NOTARIAL CERTIFICATE ISSUED BY THE XIAMEN NOTARY PUBLIC OFFICE RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No.29249 of 2015 ================== Dated this the 28th day of September, 2015

J U D G M E N T

The petitioner, an Indian citizen wants to marry a foreign national of Chinese. The petitioner approached this Court on account of refusal to receive notice under the Special Marriage Act. 2.

In view of the several judgments of this Court, there shall be a direction to the first respondent to receive notice of Marriage under Special marriage Act and directed to register the marriage on production of single status of 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 expiry 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.

sab A.MUHAMED MUSTAQUE, JUDGE

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