High Court of KeralaWP(C)/38934/2015disposed of

Anish Sam George v. The Marriage Officer Under Special Marriage Act

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38934 of 2015 (N) ---------------------------- PETITIONER :

------------------ ANISH SAM GEORGE, AGED 30 YEARS, S/O.GEROGE OOMMEN M., VAZHAPALLATHU, 2/490B PALACE ROAD, CHOWARA P.O., PIN-683 571.

BY ADVS.SRI.V.S.CHANDRASEKHARAN SRI.M.V.DAS SMT.LEKSHMI SWAMINATHAN SRI.S.JAYAKUMAR SMT.MARIAN G.M.THARAKAN RESPONDENTS :

--------------------- THE MARRIAGE OFFICER UNDER SPECIAL MARRIAGE ACT THE SUB REGISTRAR, SREEMOOLANAGARAM, PIN-683 580. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38934 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE ELECTION ID OF THE PETITIONER EXT.P2:

TRUE COPY OF THE PASS PORT OF MS. SOPHIA REBECCA NAINAN EXT.P3:

TRUE COPY OF THE IDENTITY CARD NO. S8772297Z. EXT.P4:

TRUE COPY OF THE CERTIFICATE OF NON-MARRIAGE REGISTRAR OF MARRIAGES, SINGAPORE IN FAVOUR OF MS. SOPHIA REBECCA NAINAN.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.38934 of 2015 ****************************************************************************** Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner, an Indian citizen. He wants to marry a foreign national having citizenship of Republic of Singapore. He has approached this Court on account of non-acceptance of notice under the Special Marriage Act.

2. In view of the several judgments of this Court in similar circumstances, there is no impediment for Indian citizen marrying a Foreign citizen under the Special Marriage Act. Therefore, the following directions are issued: i.

The respondent shall receive notice of Marriage under the Special Marriage Act.

ii. The date of notice has to be reckoned as on today.

W.P.(C) No.38934 of 2015 2 iii. Marriage shall be registered on the expiry period of 30 days from today in accordance with the provisions of the Special Marriage Act. iv. The petitioner, before registration of marriage, shall produced necessary credible documents to show the single status of the Foreign National to the satisfaction of the Marriage Officer.

The writ petition is disposed of, as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln