Anuradha Chakraborthy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37724 of 2015 (M) -------------------------------------------- PETITIONER(S) :

-------------------------- ANURADHA CHAKRABORTHY, D/O.RAJKUMAR, CHAKRABORTHY, ARUN VIHAR, 553, SECTOR 28, NOIDA, NEW DELHI, PRESENTLY RESIDING AT 7B1, CORDIAL REGENCY, VELLAYAMBALAM, TRIVANDRUM.

BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE RESPONDENT(S) :

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

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, TRIVANDRUM- 695 001.

2. INSPECTOR GENERAL, OFFICE OF THE INSPECTOR GENERAL & REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM- 695 035.

3. MARRIAGE OFFICER, SUB REGISTRARS OFFICE, VELLAYAMBALAM, SASTHAMANGALAM SRO, TRIVANDRUM- 695 010.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 37724 of 2015 (M) -------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF CAPACITY TO MARRY DATED 09.09.2015 ISSUED FROM THE OFFICE OF THE CONSULATE GENERAL OF FRANCE IN PONDICHERRY.

EXHIBIT P2: TRUE COPY OF TRANSLATION OF EXHIBIT P1. EXHIBIT P3: TRUE COPY OF THE VISA ENDORSEMENT DATED 06.05.2015 ISSUED BY THE BUREAU OF IMMIGRATION.

EXHIBIT P4: TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE DATED 02.12.2015.

EXHIBIT P5: TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.33780/2015 OF THIS HON'BLE COURT, DATED 09.09.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.37724 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

Petitioner, a resident of Thiruvananthapuram and native of Delhi intends to marry a French National.

2. The certificate issued by the Consulate General of France in Pondicherry would indicate that the French National has no incapacity to marry. This Court in several judgments held that a Foreign National can marry an Indian citizen in accordance with the Special Marriage Act.

3. In that view of the matter, acting upon Ext.P2, the marriage of petitioner with the French National namely Fabrice Jean Noel shall be registered in accordance with the Special Marriage Act. Notice of marriage shall be treated as today. Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/14/12/15