Abhishek Nilamber v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 34696 of 2015 (J) ---------------------------------------- PETITIONER(S):

----------------------- ABHISHEK NILAMBER, AGED 28 YEARS, S/O.NILAMBER KANIYARMALAYIL, PRANAVAM HOUSE, KOKKAPPILLY P.O., THONDAMPARA, THIRUVANIYOOR, ERNAKULAM DISTRICT, PIN 682 305.

BY ADVS.SRI.C.K.PRASAD SMT.K.T.DIVYAMOL RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES (REGISTRATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695001.

2. THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695001.

3. THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR, 2ND FLOOR, CC 40/1017, PERUMPILLY BUILDINGS, M.G.ROAD, COCHIN-682 011.

4. THE MARRIAGE OFFICER/THE SUB REGISTRAR, PUTHENCRUZ SUB REGISTRAR, PUTHENCRUZ, ERNAKULAM - 682 308.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 34696 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER'S INDIAN PASSPORT NO.Z 2880290.

EXHIBIT-P2: TRUE COPY OF THE RELEVANT PAGES OF GERMAN PASSPORT NO.C 7N9K8X6T ISSUED IN THE NAME OF LARA SURREY. EXHIBIT-P3: TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE U/S.5 OF THE SPECIAL MARRIAGE ACT FILED BEFORE THE 4TH RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE LETTER NO.250/2015 DATED 29.10.2015 ISSUED BY THE 4TH RESPONDENT ALONG WITH THE COPIES OF ORDERS ATTACHED THEREIN.

EXHIBIT-P5: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.24086/2014 DATED 18.9.2014.

EXHIBIT-P6: TRUE COPY OF LARA SURREY'S BIRTH CERTIFICATE/CERTIFICATE OF ORIGIN ISSUED BY THE REGISTRAR OF THE CIVIL REGISTRY OFFICE, PADERBORN, BERLIN DATED 12.9.1988.

EXHIBIT-P6(A): TRUE COPY OF THE ENGLISH TRANSLATION OF LARA SURREY'S BIRTH CERTIFICATE OF ORIGIN CERTIFIED BY THE SWORN INTERPRETER TO THE BERLIN JUDICIAL DATED 30.10.2015. EXHIBIT-P7: TRUE COPY OF LARA SURREY'S CERTIFICATE OF SINGLE MARTIAL STATUS REGISTRATION DATED 26.10.2015 ISSUED BY THE ADMINISTRATION OF THE BERLIN PUBLIC SERVICE OFFICE- CITIZENS REGISTRATION OFFICE TEMPELHOF.

EXHIBIT-P7(A): TRUE COPY OF THE ENGLISH TRANSLATION OF LARA SURREY'S CERTIFICATE OF SINGLE MARTIAL STATUS REGISTRATION CERTIFIED BY THE SWORN INTERPRETER TO THE BERLINE JUDICIARY DATED 30.10.2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 34696 of 2015 ================== Dated this the 17th day of November, 2015

J U D G M E N T

The petitioner, an Indian citizen wants to marry a foreign national of Germany. 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 fourth 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