ASMA P.B. Vs. THE REGISTRAR GENERAL OF MARRIAGES (COMMON), THE REGISTRAR OF MARRIAGES, SREE MAHESWARA TEMPLE AND KIRANRAJ A.V.

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking the following reliefs: -

(2.) THE case of the petitioner is that there was no valid marriage as contemplated by law in the present case, since the petitioner as well as the third respondent belong two different religions. Therefore, a marriage in a Hindu temple between a Hindu and a Muslim, is not recognised as a valid marriage by any law. The petitioner was tricked into going through the ceremonies of solemnisation of the marriage by the third respondent, it is contended. Such performances are of no legal consequence. However, in the nature of the contentions put forward, it is clear that the issues cannot be resolved without a proper adjudication of the factual aspects, which cannot be undertaken under Art. 226 of the Constitution. Since Ext. P2 is pending before the second respondent and the said authority is empowered to determine all the above contentions, it is sufficient that the said authority is directed to consider Ext. P2 in accordance with law and to pass necessary orders in the matter, without delay.