NAJMA Vs. REGISTRAR GENERAL OF MARRIAGE

JUDGEMENT

(1.) Petitioner is aggrieved by non acceptance of an application submitted before the 2nd respondent for registration of her marriage, under the provisions of Kerala Registration of Marriage (Common) Rules, 2008. According to her she married a person of Indian Origin, who subsequently acquired citizenship of United Arab Emirates (UAE). Exhibit Ext.P3 is the relevant extract of the Passport of the person who married the petitioner and Ext.P4 is the "Person of Indian Origin Card (PIO card)" held by the said person. The marriage was solemnised as per religious rites and customs and it is registered at 'Kottol Mahallu Juma Masjid'. The Secretary of the Juma Masjid had issued Ext.P2 Marriage Certificate about conduct of the marriage as per religious rites.

(2.) Complaint of the petitioner is that 2nd respondent has not received the application for registration submitted as per Ext.P5. stating reasons that, both the spouses should appear in person for submitting such application and that a marriage in which a foreign national is one of the parties cannot be registered under the said Rules.

(3.) Heard, learned counsel for the petitionerand the standing counsel appearing on behalf of 2nd respondent. With respect to the first objection that both the parties should appear in person at the time of submitting the application, it is pointed out, that the issue is now stands covered through a decision of this Court in Sarala Baby v. State of Kerala, 2010 AIR(Ker) 143. It is held that there is no need for personal appearance of the parties to the marriage, for presenting the application for registration.