JOSE ANTONY, S/O ANTONY AND CLARA CHRISTY, D/O K.J. PLACID Vs. THE MARRIAGE OFFICER AND K.J. PLACID, S/O. JOSEPH

JUDGEMENT

(1.) What led the Petitioners to approach this Court is the allegation that the first Respondent is refusing to accept notice under the provisions of the Special Marriage Act for registration of the marriage of the Petitioners on the influence exerted by the second Respondent, who is the father of the second Petitioner. On the other hand, the learned Government Pleader, who has obtained instructions in the matter, submits that along with the notice, Petitioners did not produce any documents to prove the age of the second Petitioner and it was therefore that notice could not be accepted.

(2.) Petitioners have no case that they had produced anything in support of their claim that the second Petitioner had attained 18 years. On the other hand, submission of the counsel for the Petitioners is that the documents are in the house of the second Petitioner and that on account of the enemity of the parents, the house is totally inaccessible.

(3.) The only question that arises in this writ petition is whether the first Respondent has illegally refused to accept the notice of intended marriage of the Petitioners. As stated by the learned Government Pleader, if the notice was not accompanied by documents evidencing that the second Petitioner has attained the required age of 18 years, I cannot find fault with the first Respondent for his refusal to accept the notice.