High Court of KeralaWP(C)/32555/2015disposed of

John K Varghese v. State Of Kerala

2015-10-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32555 of 2015 (T) ---------------------------- PETITIONER :

------------------ JOHN K VARGHESE, AGED 38 YEARS, S/O.K.VARGHESE, KALATHARAYIL HOUSE, CHAYALODE P.O. NEDUMON MURI, EZHAMKULAM, PATHANAMTHITTA PIN 691 556.

BY ADVS.SRI.R.S.KALKURA SRI. P. K. CHITHRABHANU SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SMT.P.ANJANA SRI.P.M.UNNI NAMBOODIRI RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

2. THE INSPECTOR GENERAL OF REGISTRATION VANCHIYOOR, THIRUVANANTHPAURAM 695 035.

3. THE DISTRICT REGISTRAR (MARRIAGE OFFICER), DISTRICT REGISTRAR OFFICE, KOTTAYAM, COLLECTORATE P.O., KOTTAYAM PIN 686 001. BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32555 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

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

TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF SHIJOMOL GEORGE.

P3:

TRUE COPY OF NOTICE DATED 1.10.2015 SUBMITTED BY THE PETITIONER. P4:

TRUE COPY OF REJECTION ORDER OF THE 3RD RESPONDENT DATED 3.10.2015.

P5:

TRUE COPY OF CIRCULAR NO.R.R.3-25537/0-0 DATED 19.3.2002 ISSUED BY THE SECOND RESPONDENT.

P6:

THE TRUE COPY OF CIRCULAR NO.RR-3. 23638/2014 DATED 21.10.2014 ISSUED BY THE SECOND RESPONDENT.

P7:

THE TRUE COPY OF THE JUDGMENT DATED 9.12.2014 IN WPC NO.32876 OF 2014 P8:

THE TRUE COPY OF THE JUDGMENT DATED 1.6.2015 IN WPC NO.13276 OF RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 32555 of 2015 ================== Dated this the 27th day of October, 2015

J U D G M E N T

The petitioner, an Indian citizen wants to marry a foreign national of USA. 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 third 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.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE