RAJILAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition under Articles 226 and 227 of the Constitution of India is filed with the following prayer:

(2.) Briefly the case of the petitioner is as follows. The petitioners belong to Thiyya Community and professing Hindu Religion. The marriage of the petitioners were solemnized on 31.10.2008 as per the customs prevalent among members of Thiyya community of Hindu Religion. The petitioners have decided to dissolve their marriage mutually under Section 13B of the Hindu Marriage Act. Accordingly, the petitioners submitted a petition dated 16.3.2010 before the Family Court, Malappuram for divorce on mutual consent under Section 13B of the Hindu Marriage Act. Along with the said petition, the petitioners also submitted a petition dated 16.3.2010 to dispense with the stipulation of 6 months period from presentation of the petition under Section 13B of Hindu Marriage, for granting of mutual divorce.

(3.) It is submitted that the Family Court has returned Ext.P1 petition stating that Registration of marriage is compulsory after 28.2.2008 and directed the petitioners to produce the marriage registration certificate. Ext.P1 is the true copy of the petition dated 16.3.2010 filed by the petitioners under Section 13B of the Hindu Marriage Act before the Family Court, Malappuram, along with the order of Family Court, Malappuram dated 19.3.2010. Ext.P2 is true copy of the petition filed by the petitioners dated 16.3.2010 to dispense with the waiting period of 6 months. Aggrieved by the order of the Family Court the petitioners filed this Writ Petition.