Dhiraj Tanaji Dalvi v. State Of Maharashtra Thr The Medical Officer And Registrar Of Marriages, Hadapsar Mundwa Ward

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5688 OF 2024 Dhiraj T. Dalvi .. Petitioner

Versus

Pune Municipal Corporation & Ors.

.. Respondents Mr. Devanshi Shah i/b Saurabh Patil, advocates for the Petitioner.

Mr. Rhishikesh M. Pethe, advocates for the Respondents. by ANJALI TUSHAR ASWALE Date: 2024.10.03 17:45:51 +0530 ANJALI TUSHAR ASWALE CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking an order and direction to the Respondents to correct the date of marriage of the Petitioner with his wife Shital Namdeo Raut from 21st May 2023 to 6th November 2023. 2.

This peculiar relief is sought because the Marriage Certificate and the documents submitted prior thereto, show the marriage date as 21st May 2023 and not 6th November 2023. According to the Petitioner, this mistake has occurred because initially the Petitioner and the said Shital were to get married on 21st May 2023. However, Shital resides in Ireland and

could not come down to India for the purposes of the wedding. She came down only on 5th November 2023 and got married on 6th November 2023. However, when they applied for their marriage certificate, it was done on the basis of the invitation card which reflected that the marriage was to take place on 21st May 2023, and this is how the mistake has crept in. 3.

The Petitioner has fairly stated that no fault can be found with the authorities and the mistake lay entirely on the doorstep of the Petitioner. It is in these circumstances that the Petitioner seeks the aforesaid correction. In support of the fact that the Petitioner and Shital got married on 6th November 2023 what is produced before the Court is the invitation card at Exhibit-F showing that the marriage has took place on 6th November 2023. This apart, the Petitioner has also produced a copy of her passport which indicates that she was not in the country on 21st May 2023 for her marriage to be solemnized with the Petitioner.

4.

Before we proceed further in this Writ Petition, we are of the opinion that it would be necessary that Shital files an affidavit in this Court substantiating and/or agreeing with what the Petitioner has alleged in the above Petition. It is only then can we consider the request of the Petitioner.

5.

In order to enable Shital to file an affidavit in this Court, we now place this matter on Board on 14th October 2024. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]